Legal Opinion
The Nestle Company, Inc. v. Chester's Market, Inc. And Saccone's Toll House, Inc.
Court of Appeals for the Second Circuit
Decided March 5, 1985No. Docket 83-7753PublishedCited by 78 opinions
1Opinion of the Court
WINTER, Circuit Judge:
Plaintiff-appellant The.Nestle Company, Inc. (“Nestle”) and defendants-appellees Chester’s Market, Inc. and Saccone’s Toll House, Inc. (collectively “Saccone”) jointly seek vacatur of a partial judgment of the district court invalidating the Nestle trademark “Toll House” as used in connection with cookies. The parties seek this relief as part of a settlement they have reached. For the reasons discussed infra, we remand to the district court with instructions to vacate the partial judgment and dismiss the action and counterclaims.
Background
Nestle owns five trademarks for…
2Cases cited22 opinions
- Browder v. Director, Dept. of Corrections of Ill.Supreme Court of the United States · 1978
- United States v. Munsingwear, Inc.Supreme Court of the United States · 1950
- California Motor Transport Co. v. Trucking UnlimitedSupreme Court of the United States · 1972
- Walker Process Equipment, Inc. v. Food MacHinery & Chemical Corp.Supreme Court of the United States · 1965
- Litton Systems, Inc., Litton Business Telephone Systems, Inc., Litton Business Systems, Inc., and Litton Industries Credit Corporation, Plaintiffs-Appellees- Cross v. American Telephone and Telegraph Company, Western Electric Company, Inc., Bell Telephone Laboratories, Inc., New York Telephone Company, Inc., New Jersey Bell Telephone Company, Southern Bell Telephone and Telegraph Company, the Ohio Bell Telephone Company, Southwestern Bell Telephone Company, the Pacific Telephone and Telegraph Company, and Pacific Northwest Bell Telephone Company, Defendants-Appellants-Cross Litton Systems, Inc. v. Southwestern Bell Telephone CompanyCourt of Appeals for the Second Circuit · 1983
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3Cited by78 opinions
- Izumi Seimitsu Kogyo Kabushiki Kaisha v. U. S. Philips Corp.Supreme Court of the United States · 1993
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- Nartron Corporation v. Stmicroelectronics, Inc.Court of Appeals for the Sixth Circuit · 2002
- Guinness Plc Guinness America, Incorporated v. Thomas Joseph Ward, (Two Cases)Court of Appeals for the Fourth Circuit · 1992
- Kidder, Peabody & Co. v. Maxus Energy Corp.Court of Appeals for the Second Circuit · 1991
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