Legal Opinion

Giant Food, Inc. v. Nation's Foodservice, Inc.

Court of Appeals for the Federal Circuit

Decided June 30, 1983No. Appeal 82-613PublishedCited by 131 opinions

1Opinion of the Court

SKELTON, Senior Circuit Judge.

This is an appeal from the decision of the Trademark Trial and Appeal Board (TTAB) of June 16, 1982, dismissing Opposition No. 60,397; 214 USPQ 614 (TTAB 1982). The appeal is taken pursuant to § 21 of the Trademark Act of 1946, 15 U.S.C. § 1071.

Appellee, Nation’s Foodservice, Inc. (applicant), seeks to register the mark GIANT HAMBURGERS and Design, shown below, for “hamburger and hot dog sandwiches, milk shakes for consumption on or off premises” and restaurant services.

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Registration was opposed by appellant, Giant Food, Inc., (opposer), on the…

2Cases cited17 opinions

  1. In re E. I. DuPont DeNemours & Co.Court of Customs and Patent Appeals · 1973
  2. South Corporation and Seal Fleet, Inc. v. The United StatesCourt of Appeals for the Federal Circuit · 1982
  3. Alpha Industries, Inc. v. Alpha Steel Tube & Shapes, Inc.Court of Appeals for the Ninth Circuit · 1980
  4. The J. B. Williams Company, Inc. v. Le Conte Cosmetics, Inc., and Elton C. Toland and Lenore TolandCourt of Appeals for the Ninth Circuit · 1975
  5. Purolator, Inc. v. Efra Distributors, Inc., Enrique Franceschini and Enrique Franceschini, Jr.Court of Appeals for the First Circuit · 1982

12 more not listed; retrieve them via the Exa API.

3Cited by131 opinions

  1. Sweats Fashions, Inc. v. Pannill Knitting Company, Inc.Court of Appeals for the Federal Circuit · 1987
  2. Universal Money Centers, Inc. v. American Telephone & Telegraph Co., and Universal BankCourt of Appeals for the Tenth Circuit · 1994
  3. Scandia Down Corporation, a California Corporation, and Goose Down, Inc., an Illinois Corporation v. Euroquilt, Inc., a New Jersey CorporationCourt of Appeals for the Seventh Circuit · 1985
  4. Country Floors, Inc. v. A Partnership Composed of Charley Gepner and Gary Ford, D/B/A Country TilesCourt of Appeals for the Third Circuit · 1991
  5. Tom Cunningham v. Laser Golf Corporation (Now Known as Belair Golf)Court of Appeals for the Federal Circuit · 2000

126 more not listed; retrieve them via the Exa API.

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