MCALEENAN ET AL.

v.

GEORGE D. HORNING, INC.

Citator

Cited By

• Century Distilling Co. v. Cont'l Distilling Corp. (two cases), 205 F.2d 140 (3d Cir. 1953)
  …ry is not permitted was recognized in Mishawaka Rubber & Woolen Mfg. Co. v. S. S. Kresge Co., 316 U.S. 203, 208, 62 S.Ct. 1022, 86 L.Ed. 1381. See also Obear-Nester Glass Co. v. United Drug Co., 8 Cir., 1945, 149 F. 2d 671, 674, certiorari denied, 326 U.S. 761, 66 S.Ct. 141, 90 L.Ed. 458, and Restatement of Torts, Section 747, Comment b. Continental, having chosen to recover Century’s profits on Dixie Dew, cannot also recover damages for lost sales. The district court’s action was proper. Insofar as dama…
• Boston Prof'l Hockey Ass'n, Inc. v. Dallas CAP & Emblem Mfg., Inc., 597 F.2d 71 (5th Cir. 1979)
  …ges. A trademark owner may recover for “all elements of injury to the business of the trademark owner proximately resulting from the infringer’s wrongful acts . . ..” Obear-Nester Glass Co. v. United Drug Co., 149 F. 2d 671 (8th Cir.), cert. denied, 326 U.S. 761, 66 S.Ct. 141, 90 L.Ed. 458 (1945). We recognized, in our earlier decision in this litigation, that through extensive use these plaintiffs “acquired a property right in their marks which extends to the reproduction and sale of those marks as embro…
• Ramada Inns, Inc. v. Gadsden Motel Co., 804 F.2d 1562 (11th Cir. 1986)
  …the trademark owner proximately resulting from the infringer’s wrongful acts.” Boston Professional Hockey v. Dallas Cap, 597 F. 2d 71 (5th Cir.1979) (quoting Obear-Nester Glass Company v. United Drug Company, 149 F. 2d 671 (8th Cir.), cert. denied, 326 U.S. 761, 66 S.Ct. 141, 90 L.Ed. 458 (1945)). Moreover, Lanham Act damages may be awarded even when they are not susceptible to precise calculations: Where the wrong is of such a nature as to preclude exact ascertainment of the amount of damages, plaintiff…