From our private database of 34,000+ case briefs...
Grupo Gigante SA de CV v. Dallo & Co., Inc.
United States Court of Appeals for the Ninth Circuit
391 F.3d 1088 (2004)
Grupo Gigante SA de CV (GG) (plaintiff) had a chain of grocery stores in Mexico under the name “Gigante.” GG had used this name since 1962 and had registered the trademark “Gigante” in Mexico in 1963. GG expanded to areas on the border with the United States and had over 100 stores by 1991. Dallo & Co., Inc. (Dallo) (defendant) opened a store in San Diego under the name “Gigante Market” in 1991. GG learned of Dallo’s store in 1995, prior to Dallo’s expansion. In 1998, GG unsuccessfully attempted to meet with Dallo and stop Dallo’s use of the mark “Gigante.” Both parties registered “Gigante” in the state of California in 1998. GG then expanded into Los Angeles in 1999. Dallo sent GG a cease and desist letter, and GG responded by suing Dallo. Both parties claimed to have a superior right to the mark. The district court found that GG had a protectable interest in the “Gigante” trademark because the trademark had acquired secondary meaning associated with GG in San Diego. The district court agreed with GG that the test was whether GG had obtained secondary meaning in the area in which the foreign user wished to assert protection. However, under the doctrine of laches, the district court also found that GG could not prevent Dallo from using the mark at its existing stores. GG appealed this decision.
Rule of Law
Holding and Reasoning (Kleinfeld, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 607,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead our student testimonials
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.Learn about our approachRead more about Quimbee
Here's why 607,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 34,000 briefs, keyed to 984 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.