· 8/19/1981
Societe De Conditionnement en Aluminium v. Hunter Engineering Co., Inc.
Citations
- 655 F.2d 938
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating that a declaratory-relief action “brings to the present a litigable controversy, which otherwise might only be tried in the future”
- holding requisite case or controversy existed at time plaintiff filed 4 || complaint for declaratory relief, where defendant had earlier threatened plaintiff with 5 || lawsuit if plaintiff did not accede to defendant's demands
- showing of apprehension \need not be substantial\ if an allegedly infringing mark is in use
- finding a case or controversy where declaratory relief plaintiff had “real and reasonable apprehension” of future suit
- threat of suit by defendant for patent infringement established prima facie case or controversy
- question of authority not important because focus is on plaintiff’s reasonable apprehension, not on patentee’s conduct
Source: CourtListener parenthetical corpus (CC0).
Judges: Choy, Wallace, Hanson
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.