Legal Opinion
Jim Dandy Co. ex rel. Western Grain Co. v. Martha White Foods, Inc.
Court of Customs and Patent Appeals
Decided May 11, 1972No. 8662PublishedCited by 24 opinions
1Opinion of the Court
Rosenstein, Judge.
Tlie Jim Dandy Company (Dandy) appeals from the decision of the Trademark Trial and Appeal Board1 awarding priority to' Martha *1018White Foods, Inc. (White) in a trademark interference proceeding between appellant’s application2 to register “THE HOG FOOD OF •CHAMPIONS”, superimposed on a scroll as a trademark for “Dog Food” and appellee’s application3 to register “FOOD OF CHAMPIONS” as a trademark also for “Dog Food.”
Both parties have taken testimony. Inasmuch as White’s application has the later filing date, it has the initial burden of proof as junior party to show it is…
2Cases cited8 opinions
- Coschocton Glove Co. v. Buckeye Glove Co.Court of Customs and Patent Appeals · 1937
- Alfred Electronics v. Alford Manufacturing CompanyCourt of Customs and Patent Appeals · 1964
- Montgomery Ward & Co. v. Sears, Roebuck & Co.Court of Customs and Patent Appeals · 1931
- Macaulay v. Malt-Diastase Co.Court of Appeals for the D.C. Circuit · 1925
- John Wood Mfg. Co. v. Servel, Inc.Court of Customs and Patent Appeals · 1935
3 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Zazu Designs, a Partnership v. L'oreal, S.A.Court of Appeals for the Seventh Circuit · 1992
- National Cable Television Association, Inc. v. American Cinema Editors, Inc.Court of Appeals for the Federal Circuit · 1991
- T.A.B. Systems v. Pactel TeletracCourt of Appeals for the Federal Circuit · 1996
- Ilco Corp. v. Ideal Security Hardware Corp.Court of Customs and Patent Appeals · 1976
- Miller Brewing Co. v. Oland's Breweries [1971] Ltd.Court of Customs and Patent Appeals · 1976
19 more not listed; retrieve them via the Exa API.