Legal Opinion

Schmidt v. Quigg

District Court, E.D. Michigan

Decided May 20, 1985No. Civ. A. 84-CV-3492-DTPublishedCited by 15 opinions

1Opinion of the Court

MEMORANDUM OPINION

FEIKENS, Chief Judge.

This matter arises out of plaintiffs attempt to register the term “Honey Baked Ham” as a trademark pursuant to the Trademark Act of 1946, 15 U.S.C. § 1051 et seq. Jurisdiction is based on 15 U.S.C. § 1071(b).

Plaintiff, Mary J. Schmidt, is sole trustee of the Harry J. Hoenselaar Revocable Trust which was created October 4, 1973. The trust was created and has its principal place of business in Michigan operating under the name and style, Honey Baked Ham Company (“Company”). Since approximately 1949, the Company has continuously used the term “Honey Baked…

2Cases cited10 opinions

  1. Morgan v. DanielsSupreme Court of the United States · 1894
  2. Miller Brewing Company v. G. Heileman Brewing Company, Inc.Court of Appeals for the Seventh Circuit · 1977
  3. American Heritage Life Insurance Company, Plaintiff-Appellant-Cross v. Heritage Life Insurance Company, Defendant-Appellee-CrossCourt of Appeals for the Fifth Circuit · 1974
  4. G. & C. Merriam Co. v. SaalfieldCourt of Appeals for the Sixth Circuit · 1912
  5. Induct-O-Matic Corporation v. Inductotherm CorporationCourt of Appeals for the Sixth Circuit · 1984

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3Cited by15 opinions

  1. Genesee Brewing Company, Inc., D/B/A Highfalls Brewing Company v. Stroh Brewing Company, D/B/A Northern Plains Brewing CompanyCourt of Appeals for the Second Circuit · 1997
  2. Kendall-Jackson Winery, Limited v. E. & J. Gallo Winery, a California Corporation, Dba Turning Leaf VineyardsCourt of Appeals for the Ninth Circuit · 1998
  3. A.J. Canfield Co., a Corporation v. Vess Beverages, Inc., a CorporationCourt of Appeals for the Seventh Circuit · 1986
  4. Woodroast Systems, Inc. v. Restaurants Unlimited, Inc.District Court, D. Minnesota · 1992
  5. Schmidt v. Honeysweet Hams, Inc.District Court, N.D. Georgia · 1986

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