Legal Opinion
Sun Banks of Florida, Inc., a Florida Corporation Etc. v. Sun Federal Savings and Loan Association, a Federal Savings and Loan Association
Court of Appeals for the Fifth Circuit
Decided July 20, 1981No. 78-3530PublishedCited by 205 opinions
1Opinion of the Court
POLITZ, Circuit Judge:
This is an action for service mark infringement alleging violation of the Lanham Trademark Act, 15 U.S.C. §§ 1051-1127,1 and the common law tort of unfair competition.2 After a bench trial, the district court found a likelihood of confusion between the service marks of Sun Banks of Florida, Inc. (Sun Banks) and Sun Federal Savings and Loan Association (Sun Federal). The court permanently enjoined Sun Federal “from using the name ‘Sun’ in conjunction with or without the orange sun logo in the advertising and promotion of banking services.” We reverse.3
I. Facts
Appellee Sun…
2Cases cited24 opinions
- United States v. United States Gypsum Co.Supreme Court of the United States · 1948
- Amstar Corporation v. Domino's Pizza, Inc. And Atlanta Pizza, Inc., Pizza Enterprises, Inc. And Pizza Services, Inc., Hanna Creative Enterprises, Inc.Court of Appeals for the Fifth Circuit · 1980
- Kentucky Fried Chicken Corporation v. Diversified Packaging CorporationCourt of Appeals for the Fifth Circuit · 1977
- American Steel Foundries v. RobertsonSupreme Court of the United States · 1926
- Boston Professional Hockey Association, Inc. v. Dallas Cap & Emblem Mfg., Inc.Court of Appeals for the Fifth Circuit · 1975
19 more not listed; retrieve them via the Exa API.
3Cited by205 opinions
- Already, LLC v. Nike, Inc.Supreme Court of the United States · 2013
- A&h Sportswear, Inc Mainstream Swimsuits, Inc. v. Victoria's Secret Stores, Inc. Victoria's Secret Catalogue, IncCourt of Appeals for the Third Circuit · 2000
- Homeowners Group, Inc. v. Home Marketing Specialists, Inc.Court of Appeals for the Sixth Circuit · 1991
- Ambrit, Inc. v. Kraft, Inc.Court of Appeals for the Eleventh Circuit · 1986
- Levi Strauss & Co., a Delaware Corporation v. Blue Bell, Inc., a Delaware CorporationCourt of Appeals for the Ninth Circuit · 1985
200 more not listed; retrieve them via the Exa API.