Maltina Corp. v. Cawy Bottling Co.

Full title: MALTINA CORPORATION AND JULIO BLANCO-HERRERA, PLAINTIFFS-APPELLEES, v…

Court: United States Court of Appeals, Fifth Circuit

Date published: Apr 4, 1974

491 F.2d 1391 (5th Cir. 1974)

Opinion

No. 73-2145.

April 4, 1974.

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.

Appeal from the United States District Court for the Southern District of Florida; Charles B. Fulton, Chief Judge.

Before ALDRICH, Senior Circuit Judge,^_ BELL and GEE, Circuit Judges.

_ Hon. Bailey Aldrich, Senior Circuit Judge of the First Circuit, sitting by designation.

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.