Legal Opinion
The Frostie Company v. Dr. Pepper Company
Court of Appeals for the Fifth Circuit
Decided February 12, 1965No. 21836_1PublishedCited by 21 opinions
1Opinion of the Court
TUTTLE, Chief Judge:
This is an appeal by the owner of the trademark “Frostie” when used in connection with the sale of a soft drink from an order of the trial court denying an injunction against infringement of its trademark and against unfair competition resulting from the use by the Dr. Pepper Company of the words “Frosty Pepper” prominently printed on the cartons of its soft drink product. The suit is brought under the Lanham Act, 15 U.S.C.A. §§ 1114-1119, 1121 and 1125 (a).
The record disclosed without dispute that the appellant is the owner of the valid trademark Frostie which it acquired…
2Cases cited11 opinions
- LaTouraine Coffee Co. v. Lorraine Coffee Co.Court of Appeals for the Second Circuit · 1946
- American Foods, Inc. v. Golden Flake, Inc.Court of Appeals for the Fifth Circuit · 1963
- George W. Luft Co. v. Zande Cosmetic Co.Court of Appeals for the Second Circuit · 1944
- Esso, Inc. v. Standard Oil Co.Court of Appeals for the Eighth Circuit · 1938
- Queen Mfg. Co. v. Isaac Ginsberg & Bros.Court of Appeals for the Eighth Circuit · 1928
6 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Sicilia Di R. Biebow & Co. v. Ronald C. Cox and Sales U.S.A., Inc.Court of Appeals for the Fifth Circuit · 1984
- Roto-Rooter Corporation and Gerald R. Abbott D/B/A Roto Rooter Sewer Service v. Kenneth O'NealCourt of Appeals for the Fifth Circuit · 1975
- Marathon Manufacturing Company v. Enerlite Products CorporationCourt of Appeals for the Fifth Circuit · 1985
- Geisel v. Poynter Products Inc.District Court, S.D. New York · 1968
- The Frostie Company v. Dr. Pepper Company, Dr. Pepper Company v. The Frostie CompanyCourt of Appeals for the Fifth Circuit · 1966
16 more not listed; retrieve them via the Exa API.