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· 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 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.