Legal Opinion
The Creamette Company, a Minnesota Corporation v. Joseph Merlino, a Sole Trader Doing Business as Major Italian Foods Company
Court of Appeals for the Ninth Circuit
Decided January 29, 1962No. 17262_1PublishedCited by 4 opinions
1Opinion of the Court
DUNIWAY, Circuit Judge.
The Creamette Company, plaintiff below and appellant here, sought to obtain an injunction and damages for trademark infringement and unfair competition. Relief was denied, and Creamette appeals. The court below had jurisdiction under 15 U.S.C.A. §§ 1114(1), 1116, 1117, 1121 (the Lanham Trade-Mark Act) and 28 U.S.C. § 1338, as well as under 28 U.S.C. § 1332. We have jurisdiction under 28 U.S.C. § 1291 and Rule 54 (b) F.R.Civ.P., 28 U.S.C.A. 1
From the complaint, the suit appears to be based primarily upon a charge that defendant appellee Merlino was infringing Creamette’s…
2Cases cited8 opinions
- Dawn Donut Company, Inc. v. Hart's Food Stores, Inc. And Starhart Bakeries, Inc.Court of Appeals for the Second Circuit · 1959
- Fairway Foods, Inc., a Corporation v. Fairway Markets, Inc., and Raisin Markets, Inc.Court of Appeals for the Ninth Circuit · 1955
- Quaker Oats Co. v. General Mills, Inc.Court of Appeals for the Seventh Circuit · 1943
- Lauritzen & Company, Inc. v. The Borden CompanyCourt of Customs and Patent Appeals · 1956
- J. R. Wood and Sons, Inc. v. Reese Jewelry CorporationCourt of Appeals for the Second Circuit · 1960
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
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- Chauvin International Ltd. v. GoldwitzDistrict Court, D. Connecticut · 1993
- AM General Corp v. DaimlerChrysler CorpCourt of Appeals for the Seventh Circuit · 2002
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