Johanna Farms, Inc. v. Citrus Bowl, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• “[A] junior’s use of a mark in the face of constructive notice of the senior’s use by virtue of the federal registration of the mark negates an inference of good faith.”
• “The general rule is that a junior user who is unaware of the senior user’s use may adopt a mark in a geographically distinct area, provided that the mark has not been registered.”
• “If it is found that the junior user did not adopt the mark in good faith, he will not be accorded the right to exploit the mark, even in areas previously untouched by the senior user.”
• “[U]pon the bankruptcy of the trademark owner, the trademark together with the goodwill it symbolizes becomes vested in the Trustee in Bankruptcy . . . and may be sold by him as an asset of the estate.”
• actual notice negates an inference of good faith
• party seeking equity must do equity

Source: CourtListener parenthetical corpus (CC0).