· 5/12/1988
Goya Foods, Inc. v. Tropicana Products, Inc.
Citations
- 846 F.2d 848
- 6 U.S.P.Q. 2d (BNA) 1950
- 1988 U.S. App. LEXIS 6335
- 1988 WL 46946
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that a district court need not wait for a PTO registration determination before ruling on a question of 14 trademark infringement
- concluding that “the pendency of a [Patent and Trademark Office] proceeding was not a proper basis to forestall [the plaintiff’s] lawsuit”
- declining to apply the primary jurisdiction doctrine because the benefits of awaiting a decision from the agency was “outweighed by the litigants’ need for a prompt adjudication.”
- discussing the primary jurisdiction doctrine in the field of trademark law and explaining why the existence of an action before the TTAB does not warrant a stay of related judicial proceedings
- declining to stay a trademark infringement action, noting that “[a]pplication of the doctrine has been refused when the issue at stake is legal in nature and lies within the traditional realm of judicial competence.”
- “The doctrine of primary jurisdiction represents a version of the administrative exhaustion requirement ....”
Source: CourtListener parenthetical corpus (CC0).
Judges: Oakes, Newman, Miner
Read full opinion on CourtListenerSourced 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.