Legal Opinion
Shakespeare Company v. Silstar Corporation of America, Incorporated
Court of Appeals for the Fourth Circuit
Decided November 15, 1993No. 92-2311PublishedCited by 141 opinions
1Opinion of the Court
OPINION
CHAPMAN, Senior Circuit Judge:
This appeal presents an issue of first impression for this court: whether a district court considering cancellation, pursuant to § 37 of the Lanham Act (15 U.S.C. § 1119 (1988)), of a trademark that has been registered more than five years, and is incontestable pursuant to 15 U.S.C. § 1065 (1988), can order cancellation on the ground that the trademark is found to be functional, even though functionality is not one of the grounds set forth in 15 U.S.C. § 1064. We hold that Congress adopted 15 U.S.C. § 1119 to give the district court power concurrent with,…
2Cases cited8 opinions
- Park 'N Fly, Inc. v. Dollar Park & Fly, Inc.Supreme Court of the United States · 1985
- Union Carbide Corporation v. Ever-Ready Incorporated, a Corporation, and Mark Gilbert, an IndividualCourt of Appeals for the Seventh Circuit · 1976
- Simmonds Aerocessories, Limited, Appelant v. Elastic Stop Nut Corporation of AmericaCourt of Appeals for the Third Circuit · 1958
- Ditri v. Coldwell Banker Residential Affiliates, Inc.Court of Appeals for the Third Circuit · 1992
- The Durox Company v. Duron Paint Manufacturing Company, Inc.Court of Appeals for the Fourth Circuit · 1963
3 more not listed; retrieve them via the Exa API.
3Cited by141 opinions
- Lone Star Steakhouse & Saloon, Incorporated Max Shayne, Incorporated v. Alpha of Virginia, Incorporated, D/B/A Lone Star GrillCourt of Appeals for the Fourth Circuit · 1995
- McAirlaids, Inc. v. Kimberly-Clark CorporationCourt of Appeals for the Fourth Circuit · 2014
- Vornado Air Circulation Systems, Inc., a Kansas Corporation v. Duracraft CorporationCourt of Appeals for the Tenth Circuit · 1995
- Eco Manufacturing LLC v. Honeywell International Inc.Court of Appeals for the Seventh Circuit · 2004
- Emmpresa Cubana Del Tabaco v. Culbro Corp.District Court, S.D. New York · 2002
136 more not listed; retrieve them via the Exa API.