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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.