Legal Opinion
E-Systems, Inc. v. Monitek, Inc.
Court of Appeals for the Ninth Circuit
Decided December 5, 1983No. 82-4699PublishedCited by 67 opinions
1Opinion of the Court
GOODWIN, Circuit Judge:
E-Systems, Inc., owner of the registered trademark Montek, sued Monitek, Inc., for injunctive and other relief to protect its mark. Monitek counterclaimed for injunc-tive relief. After a trial in 1982, both sides appealed, and we remanded the case for clarification of the findings and conclusions. This second appeal is from the resulting judgment which ordered Monitek to abandon the Monitek tradename and to abandon its application for further use of the Moni-tek trademark. Monitek appeals. We reverse.
I. Facts
“Montek” was first used as a name by Montek Associates, Inc.,…
2Cases cited5 opinions
- Stork Restaurant, Inc. v. SahatiCourt of Appeals for the Ninth Circuit · 1948
- The Prudential Insurance Company of America v. Gibraltar Financial Corporation of California, and Gibraltar Savings & Loan AssociationCourt of Appeals for the Ninth Circuit · 1983
- Carl Zeiss Stiftung v. VEB Carl Zeiss, JenaDistrict Court, S.D. New York · 1968
- Carl Zeiss Stiftung v. Veb Carl Zeiss JenaCourt of Appeals for the Second Circuit · 1970
- Saratoga Vichy Spring Co., Inc. v. LehmanDistrict Court, N.D. New York · 1979
3Cited by67 opinions
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- Clamp Manufacturing Company, Inc. v. Enco Manufacturing Company, Inc., Colex, Inc.Court of Appeals for the Ninth Circuit · 1989
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