Maltina Corporation and Julio Blanco-Herrera v. Cawy Bottling Company, Inc.

491 F.2d 1391, 1974 U.S. App. LEXIS 9321
CourtCourt of Appeals for the Fifth Circuit
DecidedApril 4, 1974
Docket73-2145
StatusPublished
Cited by1 cases

This text of 491 F.2d 1391 (Maltina Corporation and Julio Blanco-Herrera v. Cawy Bottling Company, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Maltina Corporation and Julio Blanco-Herrera v. Cawy Bottling Company, Inc., 491 F.2d 1391, 1974 U.S. App. LEXIS 9321 (5th Cir. 1974).

Opinion

PER CURIAM:

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.

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491 F.2d 1391, 1974 U.S. App. LEXIS 9321, Counsel Stack Legal Research, https://law.counselstack.com/opinion/maltina-corporation-and-julio-blanco-herrera-v-cawy-bottling-company-inc-ca5-1974.