Legal Opinion
Merrick v. Sharp & Dohme, Inc.
Court of Appeals for the Seventh Circuit
Decided January 19, 1951No. 10150PublishedCited by 30 opinions
1Opinion of the Court
FINNEGAN, Circuit Judge.
Defendant-appellant expresses the problem presented by this appeal in the following query: Does the filing in the Patent Office of a statutory notice of opposition to the registration of a trade-mark, which opposition is based upon the confusion-in-trade clause of the statute, create an actual controversy between the parties justiciable by a Federal Court under the Declaratory Judgment Act?
The trial court’s findings of fact and conclusions thereon are reported in full in 89 F.Supp. at page 139. Consequently, we believe that, in this opinion, it will be necessary to…
2Cases cited12 opinions
- Postum Cereal Co. v. California Fig Nut Co.Supreme Court of the United States · 1927
- John Morrell & Co. v. DoyleCourt of Appeals for the Seventh Circuit · 1938
- Baldwin Co. v. R. S. Howard Co.Supreme Court of the United States · 1921
- E. C. Atkins & Co. v. MooreSupreme Court of the United States · 1909
- Lum v. Commissioner of Internal RevenueCourt of Appeals for the Third Circuit · 1945
7 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- SUREFOOT LC v. Sure Foot Corp.Court of Appeals for the Tenth Circuit · 2008
- Alfred Dunhill of London, Inc. v. Kasser Distillers Products Corp.District Court, E.D. Pennsylvania · 1972
- James Burrough Limited and Kobrand Corporation v. Sign of the Beefeater, Inc. And Montgomery Ward & Co., IncorporatedCourt of Appeals for the Seventh Circuit · 1978
- Phc, Inc. v. Pioneer Healthcare, Inc.Court of Appeals for the First Circuit · 1996
- Topp-Cola Company, a Corporation v. The Coca-Cola Company, a CorporationCourt of Appeals for the Second Circuit · 1963
25 more not listed; retrieve them via the Exa API.