Legal Opinion

Donald F. Duncan, Inc. v. Royal Tops Manufacturing Company, Inc., and Randy Brown

Court of Appeals for the Seventh Circuit

Decided May 4, 1965No. 14575PublishedCited by 43 opinions

1Opinion of the Court

MAJOR, Circuit Judge.

This action was brought by plaintiff (appellee) against defendants 1 for alleged trademark infringement of its registered trademarks, “Yo-Yo,” “Genuine Duncan Yo-Yo” and “Butterfly,” unfair competition, false representation of goods and unauthorized use of plaintiff’s trademarks. Defendants by answer denied all allegations of the complaint relevant to plaintiff’s claim for relief.

Following a lengthy trial, the Distict Court entered its findings of fact, conclusions of law and a judgment order in favor of plaintiff, from which defendants appeal.

While numerous contested…

2Cases cited19 opinions

  1. Kellogg Co. v. National Biscuit Co.Supreme Court of the United States · 1938
  2. Bayer Co. v. United Drug Co.District Court, S.D. New York · 1921
  3. King-Seeley Thermos Co. v. Aladdin Industries, IncorporatedCourt of Appeals for the Second Circuit · 1963
  4. DuPont Cellophane Co. v. Waxed Products Co.Court of Appeals for the Second Circuit · 1936
  5. Dixi-Cola Laboratories, Inc. v. Coca-Cola Co.Court of Appeals for the Fourth Circuit · 1941

14 more not listed; retrieve them via the Exa API.

3Cited by43 opinions

  1. The W. E. Bassett Company v. Revlon, Inc., the W. E. Bassett Company v. Revlon, Inc., (Two Cases)Court of Appeals for the Second Circuit · 1970
  2. Tumblebus Inc. v. Meredith Cranmer, D/B/A Tumblebus of LouisvilleCourt of Appeals for the Sixth Circuit · 2005
  3. Fed. Sec. L. Rep. P 92,710 Stanley S. Pearlstein v. Scudder & German, a PartnershipCourt of Appeals for the Second Circuit · 1970
  4. Professional Golfers Association of America v. Bankers Life & Casualty CompanyCourt of Appeals for the Fifth Circuit · 1975
  5. G. Heileman Brewing Company, Inc., and Miller Brewing Company, Cross-Appellants v. Anheuser-Busch, Inc., Cross-AppelleeCourt of Appeals for the Seventh Circuit · 1989

38 more not listed; retrieve them via the Exa API.

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