Legal Opinion
Toho Co. v. Sears, Roebuck & Co.
Court of Appeals for the Ninth Circuit
Decided May 18, 1981No. C.A. No. 78-3739PublishedCited by 50 opinions
1Opinion of the Court
FARRIS, Circuit Judge:
Toho Company and H. G. Saperstein appeal from the district court’s rule 12(b)(6) dismissal of their action alleging trademark infringement and unfair competition. We affirm.
I. GODZILLA AND BAGZILLA
Toho Company is a Japanese limited corporation. Since the 1950’s, Toho and its licensees have produced and distributed movies and a television cartoon series featuring Godzilla, a fictitious, gigantic, green, lizard-like monster. Pictorial representations of the monster are used to promote the movies and series, as is the slogan “King of the Monsters.”
Saperstein is Toho’s…
2Cases cited21 opinions
- Amf Incorporated, a Corporation v. Sleekcraft Boats, a Sole Proprietorship, and Bruce E. Nescher, an IndividualCourt of Appeals for the Ninth Circuit · 1979
- International News Service v. Associated PressSupreme Court of the United States · 1919
- Dallas Cowboys Cheerleaders, Inc. v. Pussycat Cinema, Ltd. And Michael ZaffaranoCourt of Appeals for the Second Circuit · 1979
- Boston Professional Hockey Association, Inc. v. Dallas Cap & Emblem Mfg., Inc.Court of Appeals for the Fifth Circuit · 1975
- L'Aiglon Apparel, Inc. v. Lana Lobell, Inc.Court of Appeals for the Third Circuit · 1954
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3Cited by50 opinions
- Boston Athletic Association v. Mark Sullivan, Etc.Court of Appeals for the First Circuit · 1989
- Levi Strauss & Co., a Delaware Corporation v. Blue Bell, Inc., a Delaware CorporationCourt of Appeals for the Ninth Circuit · 1985
- Mattel, Inc. v. MCA Records, Inc.Court of Appeals for the Ninth Circuit · 2002
- ITC Ltd. v. Punchgini, Inc.Court of Appeals for the Second Circuit · 2007
- Jordache Enterprises, Inc. v. Hogg Wyld, Ltd., Susan Duran, Marsha Stafford and Oink, Inc.Court of Appeals for the Tenth Circuit · 1987
45 more not listed; retrieve them via the Exa API.