Legal Opinion

In Re Mastic Inc.

Court of Appeals for the Federal Circuit

Decided September 30, 1987No. 87-1058PublishedCited by 16 opinions

1Opinion of the Court

NIES, Circuit Judge.

Mastic Inc. appeals from the final decision of the United States Patent and Trademark Office Trademark Trial and Appeal Board (TTAB) affirming a refusal to register the trademark SHURLOK for “vinyl siding” on the ground of likelihood of confusion with the registered mark SHURLOK for “roofing shingles,” despite a consent by the owner of the registered mark to Mastic’s registration. We affirm.

I

Under section 44 of the Lanham Act, 15 U.S.C. § 1126(b) (1982), a foreign national of a country which extends reciprocal benefits to a United States national may obtain a registration…

2Cases cited3 opinions

  1. In re E. I. DuPont DeNemours & Co.Court of Customs and Patent Appeals · 1973
  2. Bongrain International (American) Corporation v. Delice De France, Inc.Court of Appeals for the Federal Circuit · 1987
  3. In Re N.A.D. Inc., Also Trading as North American DragerCourt of Appeals for the Federal Circuit · 1985

3Cited by16 opinions

  1. Exxon Corporation v. Oxxford Clothes, Inc. And Oxxford Clothes Xx, Inc.Court of Appeals for the Fifth Circuit · 1997
  2. Patsy's Italian Restaurant, Inc. v. BanasDistrict Court, E.D. New York · 2007
  3. In Re Dr. Matthias RathCourt of Appeals for the Federal Circuit · 2005
  4. American Cruise Lines, Inc., Trademark Trial and Appeal Board2018
  5. Bay State Brewing Company, Inc., Trademark Trial and Appeal Board2016

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