· 5/21/1959
Dawn Donut Company, Inc. v. Hart's Food Stores, Inc. And Starhart Bakeries, Inc.
Citations
- 267 F.2d 358
- 121 U.S.P.Q. (BNA) 430
- 1959 U.S. App. LEXIS 5189
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating that any changes to a product in the retail market would not necessarily affect its 51 trademark rights in the wholesale market
- holding the Lanham Act grants \the exclusive right to use the mark in commerce\ and noting commerce is defined by the Act to \include all the commerce which may lawfully be regulated by Congress\
- explaining “naked licensing” as “the grant of licenses without the retention of control” (citing E.I. DuPont de Nemours & Co. v. Celanese Corp. of Am., 167 F.2d 484, 489 (C.C.P.A. 1948))
- where the term “reasonable” is used to delineate the type and extent of control contemplated
- abandonment occurs only when registrant fails to use its mark anywhere in the nation
- abandonment occurs only when registrant fails to use its mark anywhere in the nation
Source: CourtListener parenthetical corpus (CC0).
Judges: Lumbard, Clark, Hincks
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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