GOYA FOODS, INC. v. TROPICANA PRODUCTS, INC.

No. 577, Docket 87-7802.

846 F.2d 848 (1988)

GOYA FOODS, INC., Plaintiff-Appellant, v. TROPICANA PRODUCTS, INC., Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided May 12, 1988.


Attorney(s) appearing for the Case

Ben C. Friedman, New York City (Baker & Friedman, New York City, on brief), for plaintiff-appellant.

Mitchell H. Stabbe, Washington, D.C. (Janet R. Studley, Holland & Knight, Washington, D.C., Robert Alpert, Ladas & Parry, New York City, Steven B. Gold, Bradenton, Fla., on brief), for defendant-appellee.

Before OAKES, NEWMAN and MINER, Circuit Judges.


JON O. NEWMAN, Circuit Judge:

This case presents the issue whether a district court may stay trademark infringement litigation pending the outcome of registration proceedings before the Trademark Trial and Appeal Board of the United States Patent and Trademark Office. Plaintiff-appellant Goya Foods, Inc. ("Goya") appeals from a judgment of the District Court for the Southern District of New York (Milton Pollack, Judge) dismissing its action seeking a declaratory judgment...

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