Opinion

Sears, Roebuck & Company and Allstate Insurance Company v. All States Life Insurance Company

  • 246 F.2d 161
Court
Court of Appeals for the Fifth Circuit
Filed
Jul 17, 1957
Status
Published
Author
Jones
On the bench
Hutcheson, Tuttle, Jones
Cited by
36 cases

Lanham Act— “There is nothing in the McCarran Act that limits the right of the owner of a trade or service name to seek redress in the federal courts merely because the approval of the name of the infringing insurance company is part of the duties of the state board.”

How later courts described this case

  • Lanham Act— “There is nothing in the McCarran Act that limits the right of the owner of a trade or service name to seek redress in the federal courts merely because the approval of the name of the infringing insurance company is part of the duties of the state board.”

Written by the judges who cited it.

The opinion

JONES, Circuit Judge

(dissenting).

It seems to me that the findings of the district court come near to negativing its conclusion that there is no confusion or reason for confusion between what the defendant is engaged in and what the plaintiffs are engaged in. To stress the slight difference in the names of the two insurance companies is to beg the question. To consider the similarity of names of other insurance companies is to invoke immaterial comparisons. I agree that whether an accused party is appropriating or attempting to appro *173 priate the good will and the good name of another is a question of fact. The excluded evidence of the results of the survey should, I think, have been admitted as bearing upon that issue. The reasons given by the majority for rejecting the evidence should, in my opinion, go to its weight and not to its admissibility. I respectfully dissent.

Rehearing denied;

JONES, Circuit Judge, dissenting.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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