Legal Opinion

National Nu Grape Co. v. Guest

Court of Appeals for the Tenth Circuit

Decided November 5, 1947No. 3488PublishedCited by 31 opinions

1Opinion of the Court

HUXMAN, Circuit Judge.

This was an action by the National Nu-Grape Company, herein referred to as Nu-Grape, against James D. Guest, trading and doing business variously as Tot Beverage Company, and Tru-Grape Company, herein referred to as Guest, for alleged infringement of NuGrape’s registered trademark and for unfair competition. From a judgment in favor of Guest, NuGrape has appealed.

The facts are not in dispute. NuGrape is a Georgia corporation, located in Atlanta, Georgia. It and its predecessor have been manfacturing and marketing a carbonated grape drink since 1921, under the registered…

2Cases cited12 opinions

  1. Kellogg Co. v. National Biscuit Co.Supreme Court of the United States · 1938
  2. Armstrong Paint & Varnish Works v. Nu-Enamel Corp.Supreme Court of the United States · 1938
  3. William R. Warner & Co. v. Eli Lilly & Co.Supreme Court of the United States · 1924
  4. Standard Paint Co. v. Trinidad Asphalt Manufacturing Co.Supreme Court of the United States · 1911
  5. Bayer Co. v. United Drug Co.District Court, S.D. New York · 1921

7 more not listed; retrieve them via the Exa API.

3Cited by31 opinions

  1. Flexitized, Inc., and Flexitized Sales Corporation v. National Flexitized Corporation and Dubin-Haskell Lining Corp.Court of Appeals for the Second Circuit · 1964
  2. Beer Nuts, Inc., Cross-Appellee v. Clover Club Foods Company, Cross-AppellantCourt of Appeals for the Tenth Circuit · 1983
  3. The Standard Oil Company, a Corporation and Sohio Petroleum Company, a Corporation v. Standard Oil Company, a CorporationCourt of Appeals for the Tenth Circuit · 1958
  4. Educational Development Corporation v. The Economy CompanyCourt of Appeals for the Tenth Circuit · 1977
  5. Drexel Enterprises, Inc., a Corporation v. J. R. Richardson and M. E. Deruy, Partners Doing Business as Heritage HouseCourt of Appeals for the Tenth Circuit · 1962

26 more not listed; retrieve them via the Exa API.

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