Legal Opinion
Haymaker Sports, Inc. v. Turian
Court of Customs and Patent Appeals
Decided August 3, 1978No. Appeal No. 78-532PublishedCited by 27 opinions
1Opinion of the Court
MILLER, Judge.
This appeal is from a decision of the Patent and Trademark Office (“PTO”) Trademark Trial and Appeal Board (“board”), 197 USPQ 32 (1977), denying in part a petition by appellant, Haymaker Sports, Inc. (“HSI”),1 to cancel the registration of the mark HAYMAKERS.2 We reverse.
Background
HSI is the owner of registrations for HAYMAKER3 and CHARLES OF HAY-MAKER4 for women’s sportswear such as shirts, skirts, blouses, dresses, suits, and slacks, and for women’s jewelry. Earliest use in commerce of its marks was 1945. The original owner of the registration in issue, Avon Shoe Co.…
2Cases cited15 opinions
- Hanover Star Milling Co. v. MetcalfSupreme Court of the United States · 1916
- United Drug Co. v. Theodore Rectanus Co.Supreme Court of the United States · 1918
- Dawn Donut Company, Inc. v. Hart's Food Stores, Inc. And Starhart Bakeries, Inc.Court of Appeals for the Second Circuit · 1959
- Avon Shoe Co., Inc., and Haymaker Shoe Corp. v. David Crystal, Inc., Haymaker Sports, Inc., B. Altman & Co., Best & Co., Inc., and John WanamakerCourt of Appeals for the Second Circuit · 1960
- Syntex Laboratories, Inc. v. The Norwich Pharmacal CompanyCourt of Appeals for the Second Circuit · 1971
10 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Defiance Button MacHine Company v. C & C Metal Products Corp. And Defiance Button MacHine Company, Inc.Court of Appeals for the Second Circuit · 1985
- Exxon Corporation v. Oxxford Clothes, Inc. And Oxxford Clothes Xx, Inc.Court of Appeals for the Fifth Circuit · 1997
- Larry Marshak v. "Doc" Green, John Doe "1", John Doe "2", Bernard Jones, David Rick, and Sandy Wolfe, David RickCourt of Appeals for the Second Circuit · 1984
- Barnosky Oils, Inc. v. Union Oil Company of CaliforniaCourt of Appeals for the Sixth Circuit · 1981
- Visa, U.S.A., Inc. v. Birmingham Trust National BankCourt of Appeals for the Federal Circuit · 1982
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