Legal Opinion
Royal Crown Company, Inc. v. the Coca-Cola Company
Court of Appeals for the Federal Circuit
Decided June 20, 2018No. 2016-2375PublishedCited by 57 opinions
1Opinion of the Court
O'Malley, Circuit Judge.
Royal Crown Company, Inc. and Dr Pepper/Seven Up, Inc. (together, "Royal Crown") appeal a decision of the Trademark Trial and Appeal Board ("the Board") dismissing Royal Crown's opposition to the registration of The Coca Cola Company's ("TCCC") trademarks for various soft drinks and sports drinks including the term ZERO. Royal Crown Co. v. Coca-Cola Co. ( TTAB Decision ), Opposition No. 91178927 (Parent Case), 2016 TTAB LEXIS 234 (T.T.A.B. May 23, 2016). Because we conclude that the Board erred in its legal framing of the question of the claimed genericness of TCCC's…
2Cases cited25 opinions
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- Spraying Systems Company v. Delavan, IncorporatedCourt of Appeals for the Seventh Circuit · 1992
- In Re Merrill Lynch, Pierce, Fenner, and Smith, IncCourt of Appeals for the Federal Circuit · 1987
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3Cited by57 opinions
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