National Nu Grape Co. v. Guest
Court of Appeals for the Tenth Circuit
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
- Kellogg Co. v. National Biscuit Co.Supreme Court of the United States · 1938
- Armstrong Paint & Varnish Works v. Nu-Enamel Corp.Supreme Court of the United States · 1938
- William R. Warner & Co. v. Eli Lilly & Co.Supreme Court of the United States · 1924
- Standard Paint Co. v. Trinidad Asphalt Manufacturing Co.Supreme Court of the United States · 1911
- Bayer Co. v. United Drug Co.District Court, S.D. New York · 1921
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3Cited by31 opinions
- Flexitized, Inc., and Flexitized Sales Corporation v. National Flexitized Corporation and Dubin-Haskell Lining Corp.Court of Appeals for the Second Circuit · 1964
- Beer Nuts, Inc., Cross-Appellee v. Clover Club Foods Company, Cross-AppellantCourt of Appeals for the Tenth Circuit · 1983
- 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
- Educational Development Corporation v. The Economy CompanyCourt of Appeals for the Tenth Circuit · 1977
- 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
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