Legal Opinion
Continente v. Continente
District Court, N.D. California
Decided August 23, 1965No. 41831PublishedCited by 4 opinions
1Opinion of the Court
HARRIS, Chief Judge.
This is an action to enjoin alleged infringement of the trademark “CONTI-NENTE”, which surname has been registered in the United States Patent Office (No. 591,366) and for injunctive and other relief based upon the defendant’s alleged unfair competition.
Trial was had on the factual issues on April 21 and April 22, 1965 and briefs were submitted by both sides on the legal questions raised herein. It appears that the name “CONTINENTE” has been used continuously as a trademark for the marketing of juice grapes since 1937 by Giovanni Continente, who died in 1954, and…
2Cases cited13 opinions
- Howe Scale Co. v. Wyckoff, Seamans & BenedictSupreme Court of the United States · 1905
- Brown Chemical Co. v. MeyerSupreme Court of the United States · 1891
- Herring-Hall-Marvin Safe Co. v. Hall's Safe Co.Supreme Court of the United States · 1908
- MacSweeney Enterprises, Inc. v. TarantinoCalifornia Court of Appeal · 1951
- Chickering v. Chickering & SonsCourt of Appeals for the Seventh Circuit · 1914
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3Cited by4 opinions
- Peaceable Planet, Inc. v. Ty, Inc. And H. Ty WarnerCourt of Appeals for the Seventh Circuit · 2004
- Scott v. Mego International, Inc.District Court, D. Minnesota · 1981
- Abraham Zion Corp. v. LebowDistrict Court, S.D. New York · 1984
- Peaceable Planet Inc v. Ty, IncorporatedCourt of Appeals for the Seventh Circuit · 2004