Legal Opinion

Interpace Corporation v. Lapp, Inc.

Court of Appeals for the Third Circuit

Decided November 18, 1983No. 83-5036PublishedCited by 246 opinions

1Opinion of the Court

OPINION OF THE COURT

JAMES HUNTER, III, Circuit Judge:

This case presents the difficult issue of trademark protection where two parties are using the same trademark on non-competing products. The Lapp Division of plaintiff Interpace Corporation (“Lapp-Inter-pace”) manufactures and sells ceramic insulators under the “Lapp” trademark. The Lapp name was first applied to insulators in 1916, when John S. Lapp formed the Lapp Insulation Company. In 1953 the Lapp trademark, as applied to ceramic insulators, was entered in the principal trademark register. In 1969 Interpace Corporation acquired the…

2Cases cited6 opinions

  1. Polaroid Corporation v. Polarad Electronics CorporationCourt of Appeals for the Second Circuit · 1961
  2. Scott Paper Company, a Corporation v. Scott's Liquid Gold, Inc., a CorporationCourt of Appeals for the Third Circuit · 1978
  3. Scarves by Vera, Inc. v. Todo Imports Ltd. (Inc.)Court of Appeals for the Second Circuit · 1976
  4. Sears, Roebuck and Co. v. Arthur L. Johnson and Marjorie Johnson, a Partnership Doing Business as All-State School of DrivingCourt of Appeals for the Third Circuit · 1955
  5. The American Plan Corporation v. State Loan & Finance CorporationCourt of Appeals for the Third Circuit · 1966

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3Cited by246 opinions

  1. Brookfield Communications, Inc. v. West Coast Entertainment CorporationCourt of Appeals for the Ninth Circuit · 1999
  2. Kos Pharmaceuticals, Inc. v. Andrx Corporation Andrx Laboratories, IncCourt of Appeals for the Third Circuit · 2004
  3. Opticians Ass'n of America v. Independent Opticians of AmericaCourt of Appeals for the Third Circuit · 1990
  4. A&h Sportswear, Inc Mainstream Swimsuits, Inc. v. Victoria's Secret Stores, Inc. Victoria's Secret Catalogue, IncCourt of Appeals for the Third Circuit · 2000
  5. Sands, Taylor & Wood Company v. The Quaker Oats CompanyCourt of Appeals for the Seventh Circuit · 1992

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

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