Legal Opinion
Maltina Corporation and Julio Blanco-Herrera v. Cawy Bottling Company, Inc.
Court of Appeals for the Fifth Circuit
Decided July 11, 1972No. 71-1532PublishedCited by 31 opinions
1Opinion of the Court
WISDOM, Circuit Judge:
In this appeal former owners of a Cuban brewery confiscated by the Castro regime seek to preserve their right to use the United States trademark registered in the name of the confiscated brewery. These efforts met with failure in the district court. The court held that the Act of State Doctrine deprived the former owners’ assignee of standing to sue. We hold that the district court applied the Act of State doctrine more broadly than prior decisions allow.
I
The plaintiff, Maltina Corporation, allegedly is a successor in interest to a Cuban Corporation, Nueva Fabrica de…
2Cases cited18 opinions
- Baker v. CarrSupreme Court of the United States · 1962
- Banco Nacional De Cuba v. SabbatinoSupreme Court of the United States · 1964
- Underhill v. HernandezSupreme Court of the United States · 1897
- Baglin v. Cusenier Co.Supreme Court of the United States · 1911
- John Zwack, Bela Zwack and Dora Zwack, as Co-Partners Doing Business as J. Zwack & Company v. Kraus Bros. & Co., Inc.Court of Appeals for the Second Circuit · 1956
13 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- William F. Callejo, Individually and as Trustee, and Adelfa B. Callejo, as Trustee v. Bancomer, S.A.Court of Appeals for the Fifth Circuit · 1985
- Josefina Najarro De Sanchez v. Banco Central De Nicaragua, a Foreign Banking CorporationCourt of Appeals for the Fifth Circuit · 1985
- Maltina Corporation and Julio Blanco-Herrera v. Cawy Bottling Co., Inc.Court of Appeals for the Fifth Circuit · 1980
- Productos Carnic, S.A., a Nicaraguan Corporation v. Central American Beef and Seafood Trading Company, a Florida Corporation v. United States Cold Storage, an Unincorporated Division of American Consumer Industries, a New York CorporationCourt of Appeals for the Fifth Circuit · 1980
- Fogade v. ENB Revocable TrustCourt of Appeals for the Eleventh Circuit · 2001
26 more not listed; retrieve them via the Exa API.