Legal Opinion

Amp Incorporated v. Howard J. Foy, Jr.

Court of Appeals for the Fourth Circuit

Decided February 10, 1976No. 74-2215PublishedCited by 65 opinions

1Opinion of the Court

WIDENER, Circuit Judge:

Plaintiff-appellant, AMP Incorporated, sued to enjoin defendant, Howard J. Foy, et al., doing business as Amp Electric Company, from using the term “Amp” as a part of its business name. Plaintiff’s causes of action are based both upon Title 15 U.S.C. § 1114, for infringement upon its registered trademark, and also for infringement by defendant of plaintiff’s trade name. The district court held that neither alleged cause of action has been sustained and denied relief.

The denial of damages is not appealed from, but the denial of injunctive relief is. We remand for further…

2Cases cited19 opinions

  1. United Drug Co. v. Theodore Rectanus Co.Supreme Court of the United States · 1918
  2. Yale Electric Corporation v. RobertsonCourt of Appeals for the Second Circuit · 1928
  3. The Fleischmann Distilling Corp., a Corporation, Etc. v. Maier Brewing Company, a CorporationCourt of Appeals for the Ninth Circuit · 1963
  4. Tisch Hotels, Inc., Americana Hotel Operating Corporation v. Americana Inn, Inc., Americana Motor Courts, Inc., Americana Catering CompanyCourt of Appeals for the Seventh Circuit · 1965
  5. Harold F. Ritchie, Inc. v. Chesebrough-Pond's, Inc.Court of Appeals for the Second Circuit · 1960

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3Cited by65 opinions

  1. Lone Star Steakhouse & Saloon, Incorporated Max Shayne, Incorporated v. Alpha of Virginia, Incorporated, D/B/A Lone Star GrillCourt of Appeals for the Fourth Circuit · 1995
  2. Polo Fashions, Inc. v. Craftex, Inc., and Bobby O'Neal and Keith O'neal, Polo Fashions, Inc. v. Craftex, Inc. Bobby O'Neal and Keith O'NealCourt of Appeals for the Fourth Circuit · 1987
  3. Volkswagenwerk Aktiengesellschaft v. Kenneth G. WheelerCourt of Appeals for the First Circuit · 1987
  4. A & H Sportswear Inc. Mainstream Swimsuits, Inc. v. Victoria's Secret Stores, Inc. Victoria's Secret Catalogue, Inc.Court of Appeals for the Third Circuit · 1999
  5. United States v. John TorkingtonCourt of Appeals for the Eleventh Circuit · 1987

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