Legal Opinion

Otokoyama Co. v. Wine of Japan Import, Inc.

Court of Appeals for the Second Circuit

Decided April 5, 2001No. Nos. 00-9059, 00-9089PublishedCited by 1 opinion

1Opinion of the Court

SUMMARY ORDER

AFTER ARGUMENT AND UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the judgment of the District Court is AFFIRMED.

Plaintiff-Appellant Otokoyama Co. Ltd. (“Otokoyama Co.”) appeals from an order of the United States District Court for the Southern District of New York (Harold Baer, Jr., Judge) dated July 26, 2000 finding that the term “otokoyama” is not entitled to trademark protection pursuant to the Lanham Act, 15 U.S.C. § 1051 et seq. Applying the doctrine of foreign equivalents, the District Court canceled plaintiffs trademarks on the grounds that…

2Cases cited3 opinions

  1. Genesee Brewing Company, Inc., D/B/A Highfalls Brewing Company v. Stroh Brewing Company, D/B/A Northern Plains Brewing CompanyCourt of Appeals for the Second Circuit · 1997
  2. Otokoyama Co. v. Wine of Japan Import, Inc.Court of Appeals for the Second Circuit · 1999
  3. Otokoyama Co. Ltd. v. Wine of Japan Import, Inc.District Court, S.D. New York · 1997

3Cited by1 opinion

  1. Lifeguard Licensing Corp. v. KozakDistrict Court, S.D. Illinois · 2019

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