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HAPCO FARMS, INC. v. IDAHO POTATO COMMISSION

No. 00-7675.

238 F.3d 468 (2001)

Hapco Farms, Inc., Plaintiff-Appellant, v. Idaho Potato Commission, Defendant-Appellee.

United States Court of Appeals, Second Circuit. August Term, 2000.

Decided February 2, 2001.

Attorney(s) appearing for the Case

J. JOSEPH BAINTON, New York, New York (John G. McCarthy, Bainton McCarthy & Siegel, New York, New York, on the brief), for Plaintiff-Appellant.

MICHAEL GILMORE, Deputy Attorney General for the State of Idaho, Boise, Idaho, DAVID ZASLOWSKY, New York, New York (Robert P. Lewis, Baker & McKenzie, New York, New York, on the brief), for Defendant-Appellee.

Before: KEARSE, WINTER, and McLAUGHLIN, Circuit Judges.

PER CURIAM:

Plaintiff Hapco Farms, Inc. ("Hapco"), appeals from a judgment entered in the United States District Court for the Southern District of New York, Charles L. Brieant, Judge, dismissing its complaint against defendant Idaho Potato Commission ("IPC") seeking a declaration pursuant to 15 U.S.C. § 1064 that certain federally registered certification marks and trademarks owned by IPC should be canceled, as well as damages based on IPC's alleged use...

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