Legal Opinion
Mister Donut of America, Inc. v. Mr. Donut, Inc., Mr. Donut, Inc. v. Mister Donut of America, Inc.
Court of Appeals for the Ninth Circuit
Decided December 4, 1969No. 22116 and 22116-APublishedCited by 84 opinions
1Opinion of the Court
McNICHOLS, District Judge.
Appellant brought suit in the District Court alleging trademark infringement. Appellee answered and counterclaimed alleging fraud in the procurement of the trademark registration, and seeking both injunctive relief and attorney’s fees. The trial court found against each party on the merits and dismissed both the complaint and counterclaim with prejudice. This appeal and cross-appeal were thereupon perfected.
Jurisdiction below was founded on 15 U.S.C., Sec. 1121; 28 U.S.C., Sec. 1338 (a) and (b); and 28 U.S.C., Sec. 1332. We have jurisdiction under 15 U.S.C., Sec.…
2Cases cited15 opinions
- United Drug Co. v. Theodore Rectanus Co.Supreme Court of the United States · 1918
- Dawn Donut Company, Inc. v. Hart's Food Stores, Inc. And Starhart Bakeries, Inc.Court of Appeals for the Second Circuit · 1959
- Avon Shoe Co., Inc., and Haymaker Shoe Corp. v. David Crystal, Inc., Haymaker Sports, Inc., B. Altman & Co., Best & Co., Inc., and John WanamakerCourt of Appeals for the Second Circuit · 1960
- American Foods, Inc. v. Golden Flake, Inc.Court of Appeals for the Fifth Circuit · 1963
- John R. Thompson Co., Doing Business as and Through Its Wholly Owned Subsidiaries Holloway House, Inc. v. Mrs. Lee Holloway, Sr.Court of Appeals for the Fifth Circuit · 1966
10 more not listed; retrieve them via the Exa API.
3Cited by84 opinions
- E. & J. Gallo Winery v. Gallo Cattle Co.Court of Appeals for the Ninth Circuit · 1992
- La Societe Anonyme Des Parfums Le Galion v. Jean Patou, Inc. And Michael Stramiello, Jr., Collector of Customs of the Portof New YorkCourt of Appeals for the Second Circuit · 1974
- United States v. Western Elec. Co., Inc.District Court, District of Columbia · 1983
- Golden Door, Inc. v. Anver Odisho, Dba Golden DoorCourt of Appeals for the Ninth Circuit · 1980
- First Savings Bank, F.S.B. v. First Bank System, Inc. First Bank, F.S.B.Court of Appeals for the First Circuit · 1996
79 more not listed; retrieve them via the Exa API.