Legal Opinion
Rjr Foods, Inc. v. White Rock Corp. And White Rock Products Corp.
Court of Appeals for the Second Circuit
Decided August 14, 1979No. 898, Docket 78-7636PublishedCited by 105 opinions
1Opinion of the Court
VAN GRAAFEILAND, Circuit Judge:
On this appeal we are asked once again to determine how closely the manufacturer of a new product can simulate the trade dress of an established competitive product without being guilty of unfair competition. Defendant appeals from a judgment of the United States District Court for the Southern District of New York, Pierce, J., holding that it had overstepped permissible bounds. We affirm.
Plaintiff, RJR Foods, Inc., is by far the country’s largest producer of red fruit punch, which it markets under the name “Hawaiian Punch Fruit Juicy Red”. The district court…
2Cases cited21 opinions
- Union Carbide Corporation v. Ever-Ready Incorporated, a Corporation, and Mark Gilbert, an IndividualCourt of Appeals for the Seventh Circuit · 1976
- Grotrian, Helfferich, Schulz, Th. Steinweg Nachf. v. Steinway & SonsCourt of Appeals for the Second Circuit · 1975
- 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
- Harold F. Ritchie, Inc. v. Chesebrough-Pond's, Inc.Court of Appeals for the Second Circuit · 1960
- American Tobacco Co. v. The Katingo HadjipateraCourt of Appeals for the Second Circuit · 1952
16 more not listed; retrieve them via the Exa API.
3Cited by105 opinions
- Bristol-Myers Squibb Company, Cross-Appellant v. mcneil-p.p.c., Inc., Cross-AppelleeCourt of Appeals for the Second Circuit · 1992
- Louis Vuitton Malletier S.A. v. Sunny Merchandise Corp.District Court, S.D. New York · 2015
- Ppx Enterprises, Inc., Mod Music, Inc., and J.H. Records, Inc., Ppx Enterprises, Inc. v. Audiofidelity Enterprises, Inc. And Dante J. PuglieseCourt of Appeals for the Second Circuit · 1987
- Chevron Chemical Company, a Delaware Corporation v. Voluntary Purchasing Groups, Inc., a Texas Corporation, and Hi-Yield Chemical Co.Court of Appeals for the Fifth Circuit · 1981
- George Basch Co. v. Blue Coral, Inc.Court of Appeals for the Second Circuit · 1992
100 more not listed; retrieve them via the Exa API.