Legal Opinion
Beer Nuts, Inc. v. King Nut Company
Court of Appeals for the Sixth Circuit
Decided May 2, 1973No. 72-1807PublishedCited by 67 opinions
1Opinion of the Court
PHILLIPS, Chief Judge.
This is an appeal by King Nut Company from the granting of summary judgment in a trademark infringement action brought under § 32 of the Lanham Act, 15 U.S.C. § 1114. The District Court held that King had infringed the trademark “BEER NUTS” 1 owned by appellee, Beer Nuts, Inc., a permanent injunction and an accounting were ordered. We affirm.
Appellee’s predecessor, Brewster Food Service, 2 registered the trademark in 1955 for its brand of shelled, cooked and salted peanuts, which are sold in the tavern market. Beer Nuts, Inc. has used the mark continuously since its…
2Cases cited18 opinions
- Lear, Inc. v. AdkinsSupreme Court of the United States · 1969
- Scott Paper Co. v. Marcalus Manufacturing Co.Supreme Court of the United States · 1945
- Bayer Co. v. United Drug Co.District Court, S.D. New York · 1921
- King-Seeley Thermos Co. v. Aladdin Industries, IncorporatedCourt of Appeals for the Second Circuit · 1963
- DuPont Cellophane Co. v. Waxed Products Co.Court of Appeals for the Second Circuit · 1936
13 more not listed; retrieve them via the Exa API.
3Cited by67 opinions
- Mobil Oil Corporation v. Pegasus Petroleum CorporationCourt of Appeals for the Second Circuit · 1987
- Ford Motor Co. v. CrossDistrict Court, E.D. Michigan · 2006
- Champions Golf Club, Inc. v. The Champions Golf Club, Inc.Court of Appeals for the Sixth Circuit · 1996
- Dorothy Ruth Pirone, Julia Ruth Stevens, Babe Ruth League, Incorporated and Curtis Management Group, Incorporated v. MacMillan IncorporatedCourt of Appeals for the Second Circuit · 1990
- The State of Idaho Potato Commission v. G & T Terminal Packaging, Inc., the State of Idaho Potato Commission v. G & T Terminal Packaging, Inc.Court of Appeals for the Ninth Circuit · 2005
62 more not listed; retrieve them via the Exa API.