Legal Opinion
Beech-Nut, Inc. v. Warner-Lambert Company
District Court, S.D. New York
Decided August 9, 1972No. 72 Civ. 3169PublishedCited by 15 opinions
1Opinion of the Court
OPINION
FRANKEL, District Judge.
This struggle between corporate titans, represented by suitably eminent counsel, is concerned with cylindrical packages of confections referred to generically by both sides as “breath mints.” The suit is for trademark infringement and unfair competition. Begun in state court, it came here upon defendant’s removal petition. Plaintiff then brought the motion now before the court for (a) remand or, alternatively, (b) a preliminary injunction. The application for remand, if not quite abandoned, is no longer pressed with vigor. In any event, the court agrees with…
2Cases cited4 opinions
- Life Savers Corporation v. Curtiss Candy CoCourt of Appeals for the Seventh Circuit · 1950
- Parfumerie Roger & Gallet v. M. C. M. Co.Court of Appeals for the Second Circuit · 1928
- American Chicle Co. v. Topps Chewing Gum, Inc.Court of Appeals for the Second Circuit · 1954
- American Chicle Co. v. Topps Chewing Gum, Inc.District Court, E.D. New York · 1953
3Cited by15 opinions
- Dallas Cowboys Cheerleaders, Inc. v. Pussycat Cinema, Ltd. And Michael ZaffaranoCourt of Appeals for the Second Circuit · 1979
- John H. Harland Company, Cross-Appellant v. Clarke Checks, Inc., Cross-AppelleeCourt of Appeals for the Eleventh Circuit · 1983
- General Mills, Inc. v. Kellogg Company, Kellogg Company v. General Mills, Inc.Court of Appeals for the Eighth Circuit · 1987
- Vitarroz Corporation v. Borden, Inc.Court of Appeals for the Second Circuit · 1981
- Playboy Enterprises, Inc. v. Chuckleberry Publishing, Inc.District Court, S.D. New York · 1980
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