Legal Opinion

Old Dutch Foods, Inc. v. Dan Dee Pretzel & Potato Chip Co. And Berg's Pretzels, Inc.

Court of Appeals for the Sixth Circuit

Decided April 25, 1973No. 72-1487PublishedCited by 40 opinions

1Opinion of the Court

WEICK, Circuit Judge.

This appeal is from a summary judgment in favor of the plaintiff in an action for infringement of its trademark, “OLD DUTCH” registered in the United States Patent Office as No. 648,659 on July 16, 1957. The action was brought under the Trademark Act of 1946, commonly referred to as the Lanham Act. 15 U.S.C; §§ 1051 to 1127, as amended.

Old Dutch Foods sought therein to enjoin the defendants, Dan Dee and its affiliate, from using its registered trademark “OLD DUTCH” or any words confusingly similar on the defendants’ packaged products. Dan Dee, in its answer and…

2Cases cited18 opinions

  1. Hanover Star Milling Co. v. MetcalfSupreme Court of the United States · 1916
  2. United Drug Co. v. Theodore Rectanus Co.Supreme Court of the United States · 1918
  3. Mishawaka Rubber & Woolen Manufacturing Co. v. S. S. Kresge Co.Supreme Court of the United States · 1942
  4. Dawn Donut Company, Inc. v. Hart's Food Stores, Inc. And Starhart Bakeries, Inc.Court of Appeals for the Second Circuit · 1959
  5. R. G. Smith, Doing Business Under the Name and Style of Ta'ron, Inc., and International Fragrances, Inc. v. Chanel, Inc., and Chanel Industries, Inc.Court of Appeals for the Ninth Circuit · 1968

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

3Cited by40 opinions

  1. Frehling Enterprises, Inc. v. International Select Group, Inc.Court of Appeals for the Eleventh Circuit · 1999
  2. Blue Bell, Inc. v. Farah Manufacturing Company, Inc.Court of Appeals for the Fifth Circuit · 1975
  3. Allard Enterprises, Inc., D/ B/a/ Allard Programming Resources v. Advanced Programming Resources, Inc., and Barry HeagrenCourt of Appeals for the Sixth Circuit · 1998
  4. Lone Star Steakhouse & Saloon, Inc. v. Longhorn Steaks, Inc.Court of Appeals for the Eleventh Circuit · 1997
  5. Johnny Blastoff, Incorporated v. Los Angeles Rams Football Company, St. Louis Rams Partnership, National Football League Properties, IncorporatedCourt of Appeals for the Seventh Circuit · 1999

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API