Dawn Donut Company, Inc. v. Hart's Food Stores, Inc.
United States Court of Appeals for the Second Circuit
267 F.2d 358 (2d Cir. 1959)
Relevant factsFree
Dawn (plaintiff) held a federally registered trademark it licensed to retail bakeries, but hadn't used or licensed the mark in the Rochester, NY area for thirty years; Hart's (defendant) sold doughnuts there under the same mark without knowing of Dawn's registration. Dawn sued for infringement seeking an injunction; Hart argued abandonment and counterclaimed to cancel Dawn's registration for inadequate licensee control, and the district court dismissed both the complaint and counterclaim.
IssueFree
Whether the owner of a federally registered trademark may enjoin another's unauthorized use of the mark anywhere in the United States.
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