SARATOGA VICHY SPRING CO., INC. v. LEHMAN

No. 660, Docket 79-7671.

625 F.2d 1037 (1980)

SARATOGA VICHY SPRING CO., INC., Plaintiff-Appellant, v. Orin LEHMAN, Commissioner of Parks and Recreation of the the State of New York and Waters of Saratoga Springs, Inc., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided June 5, 1980.


Attorney(s) appearing for the Case

Jay W. Seeman and Singer, Hunter, Levine & Seeman, New York City, submitted a brief, for plaintiff-appellant.

Robert Abrams, Atty. Gen., William J. Kogan, Asst. Sol. Gen., Lawrence J. Logan, Asst. Atty. Gen., Albany, N.Y., submitted a brief, for defendant-appellee Lehman.

Albert Holland and Howard & Holland, New York City, submitted a brief for plaintiff-appellee Waters of Saratoga Springs, Inc.

Before OAKES, VAN GRAAFEILAND and NEWMAN, Circuit Judges.


NEWMAN, Circuit Judge:

This appeal concerns primarily the issue of timeliness of a trademark suit in the context of a claim of trademark abandonment.

Facts

Saratoga Vichy Spring Co. produces a variety of soft drinks and mineral waters; one of its products, mineral water from a spring in Saratoga Springs, N.Y., has been produced since 1876, almost always under the name "Saratoga Vichy." This name was registered with the U.S. Patent and Trademark Office...

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