American Chicle Co. v. Topps Chewing Gum, Inc.
District Court, E.D. New York
1Opinion of the Court
GALSTON, District Judge.
This action involves alleged trade-mark infringement and unfair competition.
There is also a counterclaim of the defendants, which seeks to have the trademark registration of the plaintiff, covering its trade-mark Clorets, cancelled.
The plaintiff is a manufacturer of chewing gum, and has been in that business for over fifty years. Some time in February, 1951, it marketed a chlorophyll chewing gum under the name Clorets. The volume of its sales was very considerable, and had been aided by extensive advertising. The distribution of the product was nationwide. The…
2Cases cited7 opinions
- Hamilton-Brown Shoe Co. v. Wolf Brothers & Co.Supreme Court of the United States · 1916
- Federal Trade Commission v. Winsted Hosiery Co.Supreme Court of the United States · 1922
- Coca Cola Co. v. Gay-Ola Co.Court of Appeals for the Sixth Circuit · 1912
- Dixi-Cola Laboratories, Inc. v. Coca-Cola Co.Court of Appeals for the Fourth Circuit · 1941
- Reid, Murdoch & Co. v. H. P. Coffee Co.Court of Appeals for the Eighth Circuit · 1931
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3Cited by3 opinions
- Beech-Nut, Inc. v. Warner-Lambert CompanyDistrict Court, S.D. New York · 1972
- American Chicle Co. v. Topps Chewing Gum, Inc.Court of Appeals for the Second Circuit · 1954
- American Chicle Co. v. Topps Chewing Gum, Inc.Court of Appeals for the Second Circuit · 1954