Legal Opinion
Larry Marshak v. Faye Treadwell Treadwell Drifters, Inc the Drifters, Inc. Bowen Agency Ltd/admiral Talent
Court of Appeals for the Third Circuit
Decided February 9, 2001No. 99-5614PublishedCited by 117 opinions
1Opinion of the Court
OPINION OF THE COURT
ALITO, Circuit Judge.
This is an appeal from orders entered by the District Court after a trial concerning the right to use the mark “The Drifters” for a singing group. Larry Marshak, who acquired a federally registered service mark for “The Drifters” name in 1978, brought this action against Faye Treadwell and others, claiming that they were infringing his mark. The defendants contended that Marshak’s federally registered mark had been procured by fraud and that Marshak was infringing senior common-law rights. After a trial and post-trial motions, the District Court…
2Cases cited45 opinions
- Robinson v. Shell Oil Co.Supreme Court of the United States · 1997
- Catlin v. United StatesSupreme Court of the United States · 1945
- Park 'N Fly, Inc. v. Dollar Park & Fly, Inc.Supreme Court of the United States · 1985
- Liberty Mutual Insurance v. WetzelSupreme Court of the United States · 1976
- McLean v. FlemingSupreme Court of the United States · 1878
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3Cited by117 opinions
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- General Motors Corporation Chevrolet Motor Division v. The New A.C. Chevrolet, Inc. Dba the New A.C. ChevroletCourt of Appeals for the Third Circuit · 2001
- Elanith Valansi v. John Ashcroft, Attorney General of the United StatesCourt of Appeals for the Third Circuit · 2002
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