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NALPAC, LTD. v. CORNING GLASS WORKS

No. 85-1001.

784 F.2d 752 (1986)

NALPAC, LTD., a Michigan corporation, Plaintiff-Appellant, v. CORNING GLASS WORKS, a New York corporation, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided February 27, 1986.

Attorney(s) appearing for the Case

Gary A. Krochman (argued), Southfield, Mich., Arnold S. Weintraub, Troy, Mich., for plaintiff-appellant.

Richard A. Gaffin, Miller, Canfield, Paddock & Stone, Grand Rapids, Mich., Rick A. Pacynski, Gregory L. Curtner, Detroit, Mich., Alfred L. Michaelsen (argued), Corning, N.Y., for defendant-appellee.

Before MERRITT and WELLFORD, Circuit Judges, and EDWARDS, Senior Circuit Judge.

GEORGE CLIFTON EDWARDS, Jr., Senior Circuit Judge.

Corning Glass was charged by Nalpac with infringement of its trademark "Common Scents." Nalpac used this for a line of incense sticks they were marketing and a federal trademark was granted to them on February 14, 1978. In 1981, an employee of Corning Glass conceived a product consisting of a glass mason jar containing a scented candle. Asserting that it had no knowledge of the Nalpac registry, Corning decided to...

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