Legal Opinion

Sun-Fun Products, Inc. v. Suntan Research & Development Inc.

Court of Appeals for the Fifth Circuit

Decided September 17, 1981No. 79-2719PublishedCited by 130 opinions

1Opinion of the Court

GODBOLD, Chief Judge:

Plaintiff Sun-Fun Products appeals from directed verdicts for defendant Suntan Research and Development (SRD) in a suit for trademark infringement and unfair competition under the Lanham Act, 15 U.S.C. § 1051 et seq. The district court directed a verdict on the trademark claim at the close of plaintiff’s evidence and on the unfair competition claim at the close of defendant’s evidence. We reverse on both claims.

Sun-Fun is a manufacturer of suntan preparations. Since the company’s inception in the mid-1960's its products have borne a trademark composed of the brand name…

2Cases cited12 opinions

  1. Singer Manufacturing Co. v. June Manufacturing Co.Supreme Court of the United States · 1896
  2. Amstar Corporation v. Domino's Pizza, Inc. And Atlanta Pizza, Inc., Pizza Enterprises, Inc. And Pizza Services, Inc., Hanna Creative Enterprises, Inc.Court of Appeals for the Fifth Circuit · 1980
  3. Boston Professional Hockey Association, Inc. v. Dallas Cap & Emblem Mfg., Inc.Court of Appeals for the Fifth Circuit · 1975
  4. Exxon Corporation v. Texas Motor Exchange of Houston, Inc.Court of Appeals for the Fifth Circuit · 1980
  5. Soweco, Inc. v. Shell Oil Company, Etc. And Shell Chemical Company, Etc.Court of Appeals for the Fifth Circuit · 1980

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3Cited by130 opinions

  1. Perini Corporation v. Perini Construction, Inc.Court of Appeals for the Fourth Circuit · 1990
  2. American Telephone And Telegraph Company v. Winback And Conserve Program, Inc.Court of Appeals for the Third Circuit · 1994
  3. John H. Harland Company, Cross-Appellant v. Clarke Checks, Inc., Cross-AppelleeCourt of Appeals for the Eleventh Circuit · 1983
  4. Pizzeria Uno Corporation v. James W. Temple, Jr., D/B/A Taco UnoCourt of Appeals for the Fourth Circuit · 1984
  5. Ambrit, Inc. v. Kraft, Inc.Court of Appeals for the Eleventh Circuit · 1986

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