Legal Opinion
Opticians Ass'n of America v. Independent Opticians of America
Court of Appeals for the Third Circuit
Decided November 29, 1990No. 90-5429PublishedCited by 394 opinions
1Opinion of the Court
OPINION OF THE COURT
COWEN, Circuit Judge.
Opticians Association of America (“OAA”) appeals from an order of the district court denying its request for a preliminary injunction prohibiting the Independent Opticians of America (“IOA”) from using certain marks registered by the OAA. 734 F.Supp. 1171. We have jurisdiction over the appeal pursuant to 28 U.S.C. § 1292(a)(1) (Supp.1990). Because the marks at issue were statutorily incontestable, and because the IOA failed to present a suitable defense for its infringement, we will reverse the district court and remand with directions to grant the…
2Cases cited24 opinions
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- Ecri, a Nonprofit Pennsylvania Corporation v. McGraw Inc., McGraw Information Systems Co., and McGraw Book Co.Court of Appeals for the Third Circuit · 1987
- Yale Electric Corporation v. RobertsonCourt of Appeals for the Second Circuit · 1928
- Interpace Corporation v. Lapp, Inc.Court of Appeals for the Third Circuit · 1983
- General Mills, Inc. v. Kellogg Company, Kellogg Company v. General Mills, Inc.Court of Appeals for the Eighth Circuit · 1987
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3Cited by394 opinions
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- American Telephone And Telegraph Company v. Winback And Conserve Program, Inc.Court of Appeals for the Third Circuit · 1994
- Novartis Consumer Health, Inc. v. Johnson & Johnson-Merck Consumer Pharmaceuticals Co.Court of Appeals for the Third Circuit · 2002
- A&h Sportswear, Inc Mainstream Swimsuits, Inc. v. Victoria's Secret Stores, Inc. Victoria's Secret Catalogue, IncCourt of Appeals for the Third Circuit · 2000
- State of Texas v. USACourt of Appeals for the Fifth Circuit · 2015
389 more not listed; retrieve them via the Exa API.