Legal Opinion
The Frostie Company v. Dr. Pepper Company, Dr. Pepper Company v. The Frostie Company
Court of Appeals for the Fifth Circuit
Decided May 23, 1966No. 23013_1PublishedCited by 37 opinions
1Opinion of the Court
HUTCHESON, Circuit Judge:
This is an appeal from an order granting an injunction under the Lanham Act, 15 U.S.C. Sections 1114-1119, 1125(a), against trademark infringement and unfair competition by the Dr. Pepper Company. We agree with the result reached by the court below and accordingly affirm its decision.
This marks the second appearance of these litigants, and of this litigation before this Court. In our previous opinion, 1 the relevant facts were set out in detail. We therefore restrict our presentation to a summary of those facts and to a statement of the subsequent proceedings.
The…
2Cases cited16 opinions
- Aetna Insurance Company v. PaddockCourt of Appeals for the Fifth Circuit · 1962
- Esquire, Inc. v. Esquire Slipper Manufacturing Co., Inc., Esquire Slipper Manufacturing Co., Inc. v. Esquire, Inc.Court of Appeals for the First Circuit · 1957
- United States v. Jumelia M. Devane, as Administratrix of the Estate of James Frank Devane, DeceasedCourt of Appeals for the Fifth Circuit · 1962
- United States v. Ellett R. Dogan, Sheriff and Tax Collector, Tallahatchie County, MississippiCourt of Appeals for the Fifth Circuit · 1963
- Century Distilling Co. v. Continental Distilling Corp. (Two Cases)Court of Appeals for the Third Circuit · 1953
11 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- Pebble Beach Co. v. Tour 18 I Ltd.Court of Appeals for the Fifth Circuit · 1998
- United States Jaycees v. Philadelphia JayceesCourt of Appeals for the Third Circuit · 1981
- Burger King Corp. v. AgadDistrict Court, S.D. Florida · 1995
- State v. I'ANSONAlaska Supreme Court · 1974
- Morelock v. NCR Corp.Court of Appeals for the Sixth Circuit · 1976
32 more not listed; retrieve them via the Exa API.