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Maltina Corp. v. Cawy Bottling Co.

United States Court of Appeals for the Fifth Circuit
613 F.2d 582 (5th Cir. 1980)


In 1960, Julio Blanco-Herrera left Cuba for the United States. In Cuba, Blanco-Herrera’s company had owned a registered trademark for Malta Cristal, which was associated with a popular malta drink distributed in both Cuba and the United States. After arriving in the United States, Blanco-Herrera established the Maltina Corporation (Maltina) (plaintiff) and assigned the Malta Cristal trademark to the company. Unfortunately, Maltina never acquired the financial support necessary for its business, and only $356 of Malta Cristal was ever produced. Cawy Bottling Company, Inc. (Cawy) (defendant) was also trying to enter the malta business and attempted to register Cristal as a trademark to take advantage of the existing brand recognition. The U.S. Patent and Trademark Office rejected Cawy’s application due to Maltina’s senior registration, but Cawy began selling its own malta under the Cristal label anyway. After learning of Cawy’s product, Maltina brought a suit for trademark infringement, seeking an injunction and damages. The district court determined that Cawy had infringed upon Maltina’s trademark, and the only issue remaining was the amount of damages that Maltina was eligible to recover.

Rule of Law


Holding and Reasoning (Johnson, J.)

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