Legal Opinion

California Cooler, Inc. v. Loretto Winery, Ltd. And Apam, Inc.

Court of Appeals for the Ninth Circuit

Decided October 28, 1985No. 84-2742PublishedCited by 79 opinions

1Opinion of the Court

SCHROEDER, Circuit Judge.

This is a trademark action. Loretto Winery appeals from an order of the district court preliminarily enjoining it from, inter alia, using the name “California Special Cooler” or any other name confusingly similar to “California Cooler.” California Cooler is the name of the product marketed by plaintiff-appellee, California Cooler, Inc. Because we reject Loretto’s novel contention that California Cooler is estopped to maintain this action, and because the district court applied the correct legal standard and did not abuse its discretion, we affirm.

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2Cases cited12 opinions

  1. Park 'N Fly, Inc. v. Dollar Park & Fly, Inc.Supreme Court of the United States · 1985
  2. Kellogg Co. v. National Biscuit Co.Supreme Court of the United States · 1938
  3. Union Carbide Corporation v. Ever-Ready Incorporated, a Corporation, and Mark Gilbert, an IndividualCourt of Appeals for the Seventh Circuit · 1976
  4. Transgo, Inc. v. Ajac Transmission Parts Corp.Court of Appeals for the Ninth Circuit · 1985
  5. Estate of P. D. Beckwith, Inc. v. Commissioner of PatentsSupreme Court of the United States · 1920

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

3Cited by79 opinions

  1. Reno Air Racing Association, Inc. v. Jerry McCordCourt of Appeals for the Ninth Circuit · 2006
  2. GoTo.Com, Inc. v. Walt Disney Co.Court of Appeals for the Ninth Circuit · 2000
  3. E. & J. Gallo Winery v. Gallo Cattle Co.Court of Appeals for the Ninth Circuit · 1992
  4. First Brands Corporation v. Fred Meyer, Inc. And Basf Wyandotte CorporationCourt of Appeals for the First Circuit · 1987
  5. Department of Parks and Re-Creation for the State of California v. Bazaar Del Mundo Inc., a California CorporationCourt of Appeals for the Ninth Circuit · 2006

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

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