Legal Opinion

National Biscuit Co. v. Sheridan

Court of Customs and Patent Appeals

Decided December 1, 1930No. Patent Appeal 2516PublishedCited by 12 opinions

1Opinion of the Court

BLAND, Associate Judge.

Appellant has appealed from the decision of the Commissioner of Patents, dismissing an opposition filed by appellant, and holding that appellee was entitled to the registration of a trade-mark for which he made application in the Patent Office.

The opposition is based on the so-called “confusion in trade” clause of section 5 of the Trade-Mark Act of 1905 (15 USCA § 85), on the ground that appellee’s proposed trade-mark so nearly resembles the trademark of appellant as to be likely to cause confusion and mistake in the mind of the public and to deceive purchasers as to…

2Cases cited13 opinions

  1. Yale Electric Corporation v. RobertsonCourt of Appeals for the Second Circuit · 1928
  2. Thaddeus Davids Co. v. Davids Manufacturing Co.Supreme Court of the United States · 1914
  3. Beech-Nut Packing Co. v. P. Lorillard Co.Supreme Court of the United States · 1927
  4. Del Monte Special Food Co. v. California Packing CorporationCourt of Appeals for the Ninth Circuit · 1929
  5. France Milling Co. v. Washburn-Crosby Co.Court of Appeals for the Second Circuit · 1925

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

3Cited by12 opinions

  1. John Morrell & Co. v. DoyleCourt of Appeals for the Seventh Circuit · 1938
  2. Shoe Corporation of America v. Juvenile Shoe Corporation of AmericaCourt of Customs and Patent Appeals · 1959
  3. Bellbrook Dairies, Inc. (Edlo, Inc., Assignee, Substituted) v. Hawthorn-Mellody Farms Dairy, Inc.Court of Customs and Patent Appeals · 1958
  4. Skelly Oil Co. v. Powerine Co.Court of Customs and Patent Appeals · 1936
  5. Decker & Cohn, Inc. v. S. Liebovitz Sons, Inc.Court of Customs and Patent Appeals · 1930

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

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