Legal Opinion
Armand's Subway, Inc., Appellant-Cross-Appellee v. Doctor's Associates, Inc. And Mr. And Mrs. Robert J. Galliano, Appellees-Cross-Appellants
Court of Appeals for the Fourth Circuit
Decided August 30, 1979No. 78-1616, 78-1617PublishedCited by 27 opinions
1Opinion of the Court
DUMBAULD, Senior District Judge.
This case 1 involves the impact of the Lanham Trademark Act of July 5, 1946, 60 Stat. 427, 15 U.S.C. 1051 et seq., upon the geographical areas within which the parties are entitled to use the names “Subway” and “Armand’s Subway” in connection with their respective sandwich shops or restaurants.
Before that legislation trademark protection was part of the law of unfair competition, and the trade, not the mark as such, was protected. Hence the right to protection was limited to areas where it had been used and the claimant of the mark had carried on business.…
2Cases cited5 opinions
- Hanover Star Milling Co. v. MetcalfSupreme Court of the United States · 1916
- Dawn Donut Company, Inc. v. Hart's Food Stores, Inc. And Starhart Bakeries, Inc.Court of Appeals for the Second Circuit · 1959
- Wrist-Rocket Manufacturing Co., Inc., Cross-Appellee v. Saunders Archery Company, Cross-AppellantCourt of Appeals for the Eighth Circuit · 1978
- Holiday Inns, Inc. v. Holiday InnDistrict Court, D. South Carolina · 1973
- Holiday Inns, Inc. v. Holiday InnCourt of Appeals for the Fourth Circuit · 1974
3Cited by27 opinions
- Lone Star Steakhouse & Saloon, Incorporated Max Shayne, Incorporated v. Alpha of Virginia, Incorporated, D/B/A Lone Star GrillCourt of Appeals for the Fourth Circuit · 1995
- Pizzeria Uno Corporation v. James W. Temple, Jr., D/B/A Taco UnoCourt of Appeals for the Fourth Circuit · 1984
- Emergency One, Incorporated, D/B/A American Eagle Fire Apparatus Company, Incorporated v. American Fire Eagle Engine Company, IncorporatedCourt of Appeals for the Fourth Circuit · 2003
- Natural Footwear Ltd. v. Hart, Schaffner & MarxCourt of Appeals for the Third Circuit · 1985
- First Savings Bank, F.S.B. v. First Bank System, Inc. First Bank, F.S.B.Court of Appeals for the First Circuit · 1996
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