Legal Opinion
National Automobile Club v. National Auto Club, Inc.
District Court, S.D. New York
Decided October 30, 1973No. 70 Civ. 1741PublishedCited by 20 opinions
1Opinion of the Court
ROBERT L. CARTER, District Judge.
OPINION
Plaintiff, a California corporation, brings this action against defendant, a New York corporation, for service mark infringement and unfair competition. 1 The court has jurisdiction pursuant to 15 U.S.C. § 1121 and 28 U. S.C. § 1338(a) and (b).
Basic Factual Considerations: .
Plaintiff’s action is concerned with the infringing use of its service mark consisting of its name, National Automobile Club, in association with an eagle and shield design. Plaintiff has been in business since 1924, its service mark was registered in the United States Patent Office…
2Cases cited29 opinions
- Polaroid Corporation v. Polarad Electronics CorporationCourt of Appeals for the Second Circuit · 1961
- Kellogg Co. v. National Biscuit Co.Supreme Court of the United States · 1938
- Maternally Yours, Inc. v. Your Maternity Shop, Inc.Court of Appeals for the Second Circuit · 1956
- Dawn Donut Company, Inc. v. Hart's Food Stores, Inc. And Starhart Bakeries, Inc.Court of Appeals for the Second Circuit · 1959
- Stork Restaurant, Inc. v. SahatiCourt of Appeals for the Ninth Circuit · 1948
24 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Scott v. Mego International, Inc.District Court, D. Minnesota · 1981
- Miller Brewing Co. v. Carling O'Keefe Breweries of Canada, Ltd.District Court, W.D. New York · 1978
- National Conference of Bar Examiners v. Multistate Legal Studies, Inc.Court of Appeals for the Seventh Circuit · 1982
- Kampgrounds of America, Inc. v. North Delaware A-OK Campground, Inc.District Court, D. Delaware · 1976
- Pan American World Airways, Inc. v. Panamerican School of Travel, Inc.District Court, S.D. New York · 1986
15 more not listed; retrieve them via the Exa API.