Legal Opinion

Soweco, Inc. v. Shell Oil Company, Etc. And Shell Chemical Company, Etc.

Court of Appeals for the Fifth Circuit

Decided May 30, 1980No. 78-2590PublishedCited by 208 opinions

1Opinion of the Court

GEE, Circuit Judge:

Slugs, larvae, nematodes, and rodents form the supporting cast in this trademark drama; the protagonists are the terms “Larvacide” and “larvicide.” Our etymological investigation of these entomological terms leads us to affirm in main the judgment of the careful trial court in this complex and demanding cause.

The trademark “Larvacide” was originally registered in 1927 by Innis, Speiden & Company (“ISC”) to designate fumigants for exterminating bugs, insects, slugs, and rodents. It is used today on similar products. After the initial term of registration expired, ISC…

2Cases cited23 opinions

  1. Allen v. United StatesSupreme Court of the United States · 1896
  2. The Boeing Company v. Daniel C. ShipmanCourt of Appeals for the Fifth Circuit · 1969
  3. Abercrombie & Fitch Company v. Hunting World, IncorporatedCourt of Appeals for the Second Circuit · 1976
  4. Kellogg Co. v. National Biscuit Co.Supreme Court of the United States · 1938
  5. Amstar Corporation v. Domino's Pizza, Inc. And Atlanta Pizza, Inc., Pizza Enterprises, Inc. And Pizza Services, Inc., Hanna Creative Enterprises, Inc.Court of Appeals for the Fifth Circuit · 1980

18 more not listed; retrieve them via the Exa API.

3Cited by208 opinions

  1. Park 'N Fly, Inc. v. Dollar Park & Fly, Inc.Supreme Court of the United States · 1985
  2. 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
  3. Sierra On-Line, Inc. v. Phoenix Software, Inc.Court of Appeals for the Ninth Circuit · 1984
  4. Bristol-Myers Squibb Company, Cross-Appellant v. mcneil-p.p.c., Inc., Cross-AppelleeCourt of Appeals for the Second Circuit · 1992
  5. John H. Harland Company, Cross-Appellant v. Clarke Checks, Inc., Cross-AppelleeCourt of Appeals for the Eleventh Circuit · 1983

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