Legal Opinion
Franco-Italian Packing Corp. v. Van Camp Sea Food Co.
Court of Customs and Patent Appeals
Decided April 4, 1944No. 4881PublishedCited by 18 opinions
1Opinion of the CourtBlaND, Acting Presiding Judge
The appellant, Franco-Italian Packing Corporation, hereinafter referred to as applicant, filed its application in the United States Patent Office for the registration of its trade-mark “GEM-OF-THE-SEA,” which it uses in the sale of canned fish. The Van Camp Sea Food Co., Inc., hereinafter referred to as opposer, filed notice of opposition to the said registration, alleging its ownership and use of the two registered trade-marks “CHICKEN OF THE SEA” and “SEA CHICKEN.”
The Examiner of Interferences held that since the goods were identical, the marks as a whole were so similar that there would be…
2Cases cited6 opinions
- Estate of P. D. Beckwith, Inc. v. Commissioner of PatentsSupreme Court of the United States · 1920
- Miles Laboratories, Inc. v. Pepsodent Co.Court of Customs and Patent Appeals · 1939
- Miles Laboratories, Inc. v. United Drug Co.Court of Customs and Patent Appeals · 1940
- Hall v. Pennzoil Co.Court of Customs and Patent Appeals · 1942
- Field v. R. H. Macy & Co.Court of Customs and Patent Appeals · 1940
1 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- In Re National Data CorporationCourt of Appeals for the Federal Circuit · 1985
- West Disinfecting Co. v. Lan-O-Sheen Co.Court of Customs and Patent Appeals · 1947
- Smith v. Tobacco By-Products & Chemical Corp.Court of Customs and Patent Appeals · 1957
- Hoffman-La Roche, Inc. v. KawerkCourt of Customs and Patent Appeals · 1945
- The May Department Stores Company v. Schloss Bros. & Co., Inc.Court of Customs and Patent Appeals · 1956
13 more not listed; retrieve them via the Exa API.