Legal Opinion
American Chicle Co. v. Topps Chewing Gum, Inc.
Court of Appeals for the Second Circuit
Decided November 20, 1953No. 51, Docket 22768PublishedCited by 78 opinions
1Opinion of the Court
L. HAND, Circuit Judge.
The defendant appeals from a final judgment, permanently enjoining it from infringing the plaintiff’s trademark, used in the sale of small nuggets of candy covered chewing gum of various flavors; and dismissing the defendant’s counterclaim, for the cancellation of the mark. The registration described the mark as follows: “The trade-mark consists of an O shaped figure colored red having a parallelogram of light shade, usually white, extending horizontally from the central right portion of such figure, together with parallel bands, over and under such figure and…
2Cases cited5 opinions
- Bayer Co. v. United Drug Co.District Court, S.D. New York · 1921
- S. C. Johnson & Son, Inc. v. JohnsonCourt of Appeals for the Second Circuit · 1949
- DuPont Cellophane Co. v. Waxed Products Co.Court of Appeals for the Second Circuit · 1936
- Miles Shoes, Inc. v. R. H. MacY & Co., IncCourt of Appeals for the Second Circuit · 1952
- Life Savers Corporation v. Curtiss Candy CoCourt of Appeals for the Seventh Circuit · 1950
3Cited by78 opinions
- Thompson Medical Company, Inc. v. Pfizer Inc.Court of Appeals for the Second Circuit · 1985
- Scandia Down Corporation, a California Corporation, and Goose Down, Inc., an Illinois Corporation v. Euroquilt, Inc., a New Jersey CorporationCourt of Appeals for the Seventh Circuit · 1985
- The Fleischmann Distilling Corp., a Corporation, Etc. v. Maier Brewing Company, a CorporationCourt of Appeals for the Ninth Circuit · 1963
- Chevron Chemical Company, a Delaware Corporation v. Voluntary Purchasing Groups, Inc., a Texas Corporation, and Hi-Yield Chemical Co.Court of Appeals for the Fifth Circuit · 1981
- M. Kramer Manufacturing Co., Inc. v. Hugh Andrews, Tim Caldwell, Drew's Distributing, Inc., Drew's Distributing Co., and Lynch Enterprises, Inc.Court of Appeals for the Fourth Circuit · 1986
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