Legal Opinion
Fotomat Corp. v. Cochran
District Court, D. Kansas
Decided April 12, 1977No. 75-196-C5PublishedCited by 24 opinions
1Opinion of the Court
DECISION OF THE COURT
ROGERS, District Judge.
This is an action for trademark infringement and unfair competition arising from defendant’s use of a building design in the provision of drive-in photographic development services which allegedly infringes plaintiff’s trademarked building design.
Defendant counterclaimed, arguing that plaintiff’s federal registered trademark should be cancelled as unproteetable on non-functionality groups. At the end of the defendant’s evidence, we ruled against the counterclaim as a matter of law, concluding that defendant had not met its burden of proof in…
2Cases cited75 opinions
- McLean v. FlemingSupreme Court of the United States · 1878
- Armstrong Paint & Varnish Works v. Nu-Enamel Corp.Supreme Court of the United States · 1938
- Maternally Yours, Inc. v. Your Maternity Shop, Inc.Court of Appeals for the Second Circuit · 1956
- Union Carbide Corporation v. Ever-Ready Incorporated, a Corporation, and Mark Gilbert, an IndividualCourt of Appeals for the Seventh Circuit · 1976
- Dawn Donut Company, Inc. v. Hart's Food Stores, Inc. And Starhart Bakeries, Inc.Court of Appeals for the Second Circuit · 1959
70 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Dallas Cowboys Cheerleaders, Inc. v. Pussycat Cinema, Ltd. And Michael ZaffaranoCourt of Appeals for the Second Circuit · 1979
- In re Morton-Norwich Products, Inc.Court of Customs and Patent Appeals · 1982
- Beer Nuts, Inc., Cross-Appellee v. Clover Club Foods Company, Cross-AppellantCourt of Appeals for the Tenth Circuit · 1983
- Denton v. Mr. Swiss of Missouri, Inc.Court of Appeals for the Eighth Circuit · 1977
- Dallas Cowboys Cheerleaders, Inc. v. Pussycat Cinema, Ltd.District Court, S.D. New York · 1979
19 more not listed; retrieve them via the Exa API.