Legal Opinion
Pizitz, Inc. v. Pizitz Mercantile Co. of Tuscaloosa, Inc.
District Court, N.D. Alabama
Decided April 2, 1979No. Civ. A. 77-G-1582-WPublishedCited by 3 opinions
1Opinion of the Court
FINDINGS OF FACT AND CONCLUSIONS OF LAW
GUIN, District Judge.
This is an action brought for declaratory and other appropriate relief pursuant to 28 U.S.C. §§ 2201 and 2202. Jurisdiction of this court is invoked under 15 U.S.C. § 1125(a) and 28 U.S.C. § 1338(b), in that plaintiff seeks a declaration of non-infringement and a judicial interpretation of the relative rights of the parties under the law of trademarks and of unfair competition.
This is a most unusual case. Both plaintiff and defendant are in the retail mercantile business. Plaintiff has, uo outlets within Tuscaloosa County, Alabama;…
2Cases cited24 opinions
- Aetna Life Insurance v. HaworthSupreme Court of the United States · 1937
- Maryland Casualty Co. v. Pacific Coal & Oil Co.Supreme Court of the United States · 1941
- Hurn v. OurslerSupreme Court of the United States · 1933
- Menendez v. HoltSupreme Court of the United States · 1888
- John P. O'Brien v. Westinghouse Electric CorporationCourt of Appeals for the Third Circuit · 1961
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3Cited by3 opinions
- Colonial Penn Group, Inc., and Bay Loan and Investment Bank v. Colonial Deposit CompanyCourt of Appeals for the First Circuit · 1987
- Railroad Salvage of Conn., Inc. v. Railroad Salvage, Inc.District Court, D. Rhode Island · 1983
- First Gibraltar Mortgage Corp. v. Gibraltar Savings Ass'nCourt of Appeals of Texas · 1983