U.S. Court of Appeals for the Fifth Circuit, 1974

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

U.S. Court of Appeals for the Fifth Circuit · Decided April 4, 1974 · Aldrich, Bell, Gee, Per Curiam

491 F.2d 1391; 1974 U.S. App. LEXIS 9321 (Federal Reporter, Second Series)

Counsel

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. ,

Cases that cite this one

1 later published case cites this decision.

Maltina Corporation and Julio Blanco-Herrera v. Cawy Bottling Co., Inc. (5th Cir. 1980)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

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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