EAGLE BOOKS, INC.

v.

JONES ET AL.

Citator

Cited By (11 total)

• Country Floors, Inc. v. A P'ship Composed OF Charley Gepner & Gary Ford, 930 F.2d 1056 (3d Cir. 1991)
  …sly held that an unregistered mark is entitled to protection only in those areas where its owner was a senior user and had penetrated the marketplace. See Natural Footwear Ltd. v. Hart, Schaffner & Marx, 760 F. 2d 1383, 1394 (3d Cir.), cert. denied, 474 U.S. 920, 106 S.Ct. 249, 88 L.Ed.2d 257 (1985); Blumenfeld Dev. Corp., 669 F.Supp. at 1318-19. The Partnership’s Country Tiles stores are located in markets on the Eastern seaboard. Cancellation of the Corporation’s “Country Tile” mark outside of the geograp…
• Kotler v. The Am. Tobacco Co., 926 F.2d 1217 (1st Cir. 1990)
  …(describing “factual questions regarding duty to warn and causation underlying both the negligence and warranty claims” as “essentially identical”); MacDonald v. Ortho Pharmaceutical Corp., 394 Mass. 131, 475 N.E. 2d 65, 68 (similar), cert. denied, 474 U.S. 920, 106 S.Ct. 250, 88 L.Ed.2d 258 (1985). Either way, liability is premised on the existence of a similarly formulated duty to warn: “[A] manufacturer of a product, which the manufacturer knows or should know is dangerous by nature or is in a dangerou…
• Carnival Brand Seafood Co. v. Carnival Brands, Inc., 187 F.3d 1307 (11th Cir. 1999)
  …Cir.1985) ("[O]nce one has established a common law trademark in a product, the prior use of that trademark will apply as well to the use of the same trademark on related products in ascertaining priority of use." (emphasis omitted)), cert. denied, 474 U.S. 920, 106 S.Ct. 249, 88 L.Ed.2d 257 (1985); May Dep't Stores Co. v. Prince, 200 U.S.P.Q. 803, 808-09 (T.T.A.B.1978) (senior user possesses rights in mark superior to those of "a subsequent user of the same or a similar mark for any goods which purchasers…