MALTINA CORPORATION v. CAWY BOTTLING COMPANY, INC., 73-2145.
| Decision Date | 04 April 1974 |
| Docket Number | No. 73-2145.,73-2145. |
| Citation | 491 F.2d 1391 |
| Parties | MALTINA CORPORATION and Julio Blanco-Herrera, Plaintiffs-Appellees, v. CAWY BOTTLING COMPANY, INC., Defendant-Appellant. |
| Court | U.S. Court of Appeals — Fifth Circuit |
Peter M. Lopez, Miami, Fla., for defendant-appellant.
J. W. Gipple, Washington, D.C., Fowler, White, Humkey, Burnett, Hurley & Banick, Miami, Fla., for plaintiffs-appellees.
Before ALDRICH, Senior Circuit Judge,* BELL and GEE, Circuit Judges.
This is an appeal from the judgment for appellees entered by the district court after our decision on the prior appeal. Maltina Corporation v. Cawy Bottling Company, 5 Cir., 1972, 462 F.2d 1021. We are now presented with the tag end questions which were resolved by the district court following remand. We conclude that the trademark was not assigned in gross; that the trademark was not abandoned by non-use or otherwise; and that the district court did not err in concluding that there was an inadequate basis for cancelling the trademark because of the affidavit of use filed pursuant to 15 U.S.C.A. § 1058(a).
Affirmed.
* Hon. Bailey Aldrich, Senior Circuit Judge of the First Circuit, sitting by designation.
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Maltina Corp. v. Cawy Bottling Co., Inc., 78-1061
...the district court determined that the plaintiffs had a valid trademark. Cawy appealed, and we affirmed. Maltina Corp. v. Cawy Bottling Co., 491 F.2d 1391 (1974) (per curiam). At trial on the merits, from which this appeal is taken, the district court determined that Cawy had infringed the ......
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... ... pleadings. Embarcadero Techs., Inc. v. Delphix ... Corp., 117 U.S.P.Q.2d 1518, ... § 1058(a)." ... Maltina Corp. v. Cawy Bottling Co., 491 F.2d 1391 ... See In re Bose Corporation, 476 ... F.3d 1331, 91 U.S.P.Q.2d 1938, ... ...