Legal Opinion

Colony Foods, Inc. v. Sagemark, Ltd.

Court of Appeals for the Federal Circuit

Decided May 25, 1984No. Appeal 84-562PublishedCited by 12 opinions

1Opinion of the Court

NIES, Circuit Judge.

This appeal is from a decision of the Trademark Trial and Appeal Board dismissing a petition to cancel Registration No. 1,027,607 owned by Sagemark, Ltd., for the mark HUNGRY HOBO for restaurant services, based on asserted likelihood of confusion with marks of Colony Foods, Inc. Colony seeks reversal of this holding, and also of the refusal of the board to allow amendment of its petition for cancellation to raise an issue of abandonment of the HUNGRY HOBO mark. We affirm.

Background

Colony Foods, Inc., appellant, filed a petition to cancel Registration No. 1,027,607, issued…

2Cases cited5 opinions

  1. Wallpaper Manufacturers, Ltd. v. Crown Wallcovering Corp.Court of Customs and Patent Appeals · 1982
  2. American Security Bank v. American Security & Trust Co.Court of Customs and Patent Appeals · 1978
  3. Witco Chemical Company, Inc. v. Whitfield Chemical Company, Inc.Court of Customs and Patent Appeals · 1969
  4. Giant Food Inc. v. Malone & Hyde, Inc.Court of Customs and Patent Appeals · 1975
  5. Polaroid Corporation v. Richard Manufacturing CompanyCourt of Customs and Patent Appeals · 1965

3Cited by12 opinions

  1. Jervis B. Webb Company v. Southern Systems, Inc.Court of Appeals for the Federal Circuit · 1984
  2. J & J Snack Foods Corporation v. McDonald CorporationCourt of Appeals for the Federal Circuit · 1991
  3. Primepoint, LLc v. Primepay, Inc.District Court, D. New Jersey · 2008
  4. Big Time Worldwide Concert & Sport Club at Town Center, LLC v. Marriott International, Inc.District Court, E.D. Michigan · 2003
  5. Larco Brothers, Inc. v. Luca's Chophouse, LLCDistrict Court, E.D. Michigan · 2008

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