Legal Opinion

Tillamook County Creamery Association v. Tillamook Cheese and Dairy Association

Court of Appeals for the Ninth Circuit

Decided May 20, 1965No. 19565_1PublishedCited by 35 opinions

1Opinion of the Court

POPE, Circuit Judge.

The appellant, as plaintiff below, brought this action alleging that it had adopted as a trade-mark in April, 1918, the name “Tillamook” for cheese and other dairy products which it sold and marketed and thereby became the owner of said trade-mark. On November 7, 1950, plaintiff registered under United States Trade-Mark Registration No. 533,033, the name “Tillamook” for cheese and butter. The complaint alleged that this trade-mark came to be associated in the trade and in the mind of the purchasing public with dairy products, particularly cheese, originating with plaintiff…

2Cases cited13 opinions

  1. Armstrong Paint & Varnish Works v. Nu-Enamel Corp.Supreme Court of the United States · 1938
  2. Elgin National Watch Co. v. Illinois Watch Case Co.Supreme Court of the United States · 1901
  3. Saxlehner v. Eisner & Mendelson Co.Supreme Court of the United States · 1900
  4. Campbell Soup Co. v. Armour & Co.Court of Appeals for the Third Circuit · 1949
  5. Best & Co. v. MillerCourt of Appeals for the Second Circuit · 1948

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3Cited by35 opinions

  1. Park 'N Fly, Inc. v. Dollar Park & Fly, Inc.Supreme Court of the United States · 1985
  2. Union Carbide Corporation v. Ever-Ready Incorporated, a Corporation, and Mark Gilbert, an IndividualCourt of Appeals for the Seventh Circuit · 1976
  3. Lindy Pen Company, Inc., and Blackfeet Plastics, Inc. v. Bic Pen CorporationCourt of Appeals for the Ninth Circuit · 1984
  4. The Prudential Insurance Company of America v. Gibraltar Financial Corporation of California, and Gibraltar Savings & Loan AssociationCourt of Appeals for the Ninth Circuit · 1983
  5. Carl Zeiss Stiftung v. VEB Carl Zeiss JenaCourt of Appeals for the Second Circuit · 1970

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

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