· 8/24/1967
Sweetarts, a Corporation v. Sunline, Inc., and Menlo F. Smith
Citations
- 380 F.2d 923
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 party who sought registration on the Supplemental Register was not estopped from arguing at trial that its marks had achieved secondary meaning pre-registration
- finding that sales of candy totaling less than $75 were de minimis but finding an issue of material fact where annual sales of candy ranged from $1,000 to $20,000
- finding as to bad faith in trademark infringement action is reviewed for clear error
- plaintiff's prior use of trademark within a given market area entitles it to exclusive use of that mark within that area
- plaintiff’s prior use of trademark within a given market area entitles it to exclusive use of that mark within that area
- in the context of holding that plaintiff is entitled to injunctive relief, stating that plaintiff need not show actual or monetary injury
Source: CourtListener parenthetical corpus (CC0).
Judges: Vogel, Gibson, Heaney
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.