Legal Opinion
Holiday Inns of America, Inc. v. B & B Corp.
Court of Appeals for the Third Circuit
Decided April 10, 1969No. 17,199PublishedCited by 50 opinions
1Opinion of the Court
OPINION OF THE COURT
ALDISERT, Circuit Judge
In 1954 the service mark “Holiday Inn” was registered in the United States Patent Office by the Holiday Inns of America, Inc. (Holiday).1 Since 1961, the appellants, who are not associated with Holiday in any respect, have operated a sixteen-room motel in Charlotte Amalie, St. Thomas, Virgin Islands, under the name of “Holiday Inn” and “Holiday Inn of St. Thomas”.2
Relying on the protection afforded by its registration under the Trademark Act of 1946 (Lanham Act)3 and the tort law of unfair competition, Holiday instituted an action to.restrain the use…
2Cases cited19 opinions
- Yale Electric Corporation v. RobertsonCourt of Appeals for the Second Circuit · 1928
- Dawn Donut Company, Inc. v. Hart's Food Stores, Inc. And Starhart Bakeries, Inc.Court of Appeals for the Second Circuit · 1959
- American Steel Foundries v. RobertsonSupreme Court of the United States · 1926
- American Foods, Inc. v. Golden Flake, Inc.Court of Appeals for the Fifth Circuit · 1963
- American Chicle Co. v. Topps Chewing Gum, Inc.Court of Appeals for the Second Circuit · 1953
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3Cited by50 opinions
- Frank E. Acierno v. New Castle CountyCourt of Appeals for the Third Circuit · 1994
- David Adams v. Freedom Forge CorporationCourt of Appeals for the Third Circuit · 2000
- The State of New York v. The Nuclear Regulatory CommissionCourt of Appeals for the Second Circuit · 1977
- Natural Footwear Ltd. v. Hart, Schaffner & MarxCourt of Appeals for the Third Circuit · 1985
- Adams v. Freedom Forge Corp.Court of Appeals for the Third Circuit · 2000
45 more not listed; retrieve them via the Exa API.