GARCIA v. MONTECRISPI CIGAR CO.

No. 26559.

409 F.2d 14 (1969)

Jose M. GARCIA et al., Plaintiffs-Appellees, v. MONTECRISPI CIGAR CO., Inc., Defendant-Appellant.

United States Court of Appeals Fifth Circuit.

March 14, 1969.


Attorney(s) appearing for the Case

Milton E. Grusmark and Natalie Baskin, Miami Beach, Fla., for defendant-appellant.

Stuart W. Patton, Clyde Trammell, Jr., Miami, Fla., Leslie D. Taggart, Albert Robin, New York City, for plaintiffs-appellees; Watson, Leavenworth, Kelton & Taggart, New York City, Patton & Kanner, Miami, Fla., of counsel.

Before JOHN R. BROWN, Chief Judge, and GEWIN and GOLDBERG, Circuit Judges.


PER CURIAM:

The defendant-appellant Montecrispi Cigar Company, Inc. complains of the judgment of the United States District Court for the Southern District of Florida enjoining its use of the name "Montecrispi" and ordering that its trademark registration be cancelled. The case was tried before the court without a jury and the court made appropriate findings of fact and conclusions of law.

The case arose under the Trademark Act of July 5, 1946, as amended...

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