Legal Opinion

Ilco Corp. v. Ideal Security Hardware Corp.

Court of Customs and Patent Appeals

Decided January 29, 1976No. Patent Appeal No. 75-567PublishedCited by 29 opinions

1Opinion of the Court

RICH, Judge.

This appeal is from the decision of the Patent and Trademark Office Trademark Trial and Appeal Board, 184 USPQ 765 (1974), dismissing appellant’s petition to cancel registration No. 927,131 of the mark HOME PROTECTION CENTER for “merchandise racks for displaying and merchandising of various types of locks and latches.” The marks and goods of the parties are identical, and it is agreed that the sole issue is priority of use. We reverse.

Facts

The goods are display racks, sold to the hardware trade by appellant and appellee for use in retail hardware stores. These racks hold an…

2Cases cited5 opinions

  1. Jim Dandy Co. ex rel. Western Grain Co. v. Martha White Foods, Inc.Court of Customs and Patent Appeals · 1972
  2. Salem Commodities, Incorporated v. The Miami Margarine CompanyCourt of Customs and Patent Appeals · 1957
  3. Elder Mfg. Co. v. International Shoe Co.Court of Customs and Patent Appeals · 1952
  4. Hunt v. TreppschuhCourt of Customs and Patent Appeals · 1975
  5. Food Specialty Co. v. Kal Kan Foods, Inc.Court of Customs and Patent Appeals · 1973

3Cited by29 opinions

  1. Yamaha International Corporation v. Hoshino Gakki Co., Ltd., Assignee of Hoshino Gakki Ten Inc.Court of Appeals for the Federal Circuit · 1988
  2. Estate of Presley v. RussenDistrict Court, D. New Jersey · 1981
  3. Dreyfus Fund v. Royal Bank of CanadaDistrict Court, S.D. New York · 1981
  4. Jack Wolfskin Ausrustung Fur Draussen GmbH & Co. KGAA v. New Millennium Sports, S.L.U.Court of Appeals for the Federal Circuit · 2015
  5. Van Dyne-Crotty, Inc. v. Wear-Guard Corporation, Cross-AppellantCourt of Appeals for the Federal Circuit · 1991

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