Legal Opinion
Lindy Pen Co., Inc. And Blackfeet Plastics, Inc. v. Bic Pen Corporation
Court of Appeals for the Ninth Circuit
Decided July 31, 1986No. 84-6324PublishedCited by 19 opinions
1Opinion of the Court
FLETCHER, Circuit Judge:
Plaintiff Lindy Pen Co. (Lindy) appeals the district court’s second dismissal of its claim against Bic Pen Corp. (Bic) for trademark infringement. On remand from this court, the district court made new findings of fact and concluded there was no likelihood of confusion of Lindy’s and Bic’s “Auditors” pens in the telephone sales market. We reverse and remand to the district court for issuance of an injunction and a determination of damages.
BACKGROUND
Lindy has used the word “Auditor’s” in connection with its 460-F model fine point ballpoint pen since 1955. It registered…
2Cases cited9 opinions
- Park 'N Fly, Inc. v. Dollar Park & Fly, Inc.Supreme Court of the United States · 1985
- Amf Incorporated, a Corporation v. Sleekcraft Boats, a Sole Proprietorship, and Bruce E. Nescher, an IndividualCourt of Appeals for the Ninth Circuit · 1979
- Levi Strauss & Co., a Delaware Corporation v. Blue Bell, Inc., a Delaware CorporationCourt of Appeals for the Ninth Circuit · 1985
- Alpha Industries, Inc. v. Alpha Steel Tube & Shapes, Inc.Court of Appeals for the Ninth Circuit · 1980
- Lindy Pen Company, Inc., and Blackfeet Plastics, Inc. v. Bic Pen CorporationCourt of Appeals for the Ninth Circuit · 1984
4 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Brookfield Communications, Inc. v. West Coast Entertainment CorporationCourt of Appeals for the Ninth Circuit · 1999
- Lindy Pen Company, Inc. Blackfeet Plastics, Inc., Cross-Appellees v. Bic Pen Corporation, Cross-AppellantCourt of Appeals for the Ninth Circuit · 1993
- Tom Waits v. Frito-Lay, Inc. Tracy-Locke, Inc.Court of Appeals for the Ninth Circuit · 1992
- Syndicate Sales, Incorporated v. Hampshire Paper CorporationCourt of Appeals for the Seventh Circuit · 1999
- Clamp Manufacturing Company, Inc. v. Enco Manufacturing Company, Inc., Colex, Inc.Court of Appeals for the Ninth Circuit · 1989
14 more not listed; retrieve them via the Exa API.