MALTINA CORPORATION v. CAWY BOTTLING COMPANY

No. 71-1532.

462 F.2d 1021 (1972)

MALTINA CORPORATION and Julio Blanco-Herrera, Plaintiffs-Appellants, v. CAWY BOTTLING COMPANY, Inc., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied July 11, 1972.


Attorney(s) appearing for the Case

J. W. Gipple, Fleit, Gipple & Jacobson, Washington, D. C., Phillip W. Knight, Enrique Jova, Fowler, White, Humkey, Burnett, Hurley & Banick, Miami, Fla., for plaintiff-appellant.

Peter M. Lopez, Miami, Fla., for defendant-appellee.

Before WISDOM, COLEMAN and SIMPSON, Circuit Judges.


Rehearing and Rehearing En Banc Denied July 11, 1972.

WISDOM, Circuit Judge:

In this appeal former owners of a Cuban brewery confiscated by the Castro regime seek to preserve their right to use the United States trademark registered in the name of the confiscated brewery. These efforts met with failure in the district court. The court held that the Act of State Doctrine deprived the former owners' assignee of standing to sue. We hold that the district court...

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