Legal Opinion
Seabrook Foods, Inc. v. Bar-Well Foods Ltd.
Court of Customs and Patent Appeals
Decided December 22, 1977No. Appeal No. 77-547PublishedCited by 118 opinions
1Opinion of the Court
MILLER, Judge.
This appeal is from the decision of the Trademark Trial and Appeal Board (“board”)1 dismissing Seabrook’s opposition, filed April 22, 1974, to Bar-Well’s application No. 463,140, filed July 16, 1973, for registration of the mark shown below for frozen fruits and frozen vegetables. We affirm.
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BACKGROUND
Opposition is based on Seabrook’s prior use of the mark shown below, registration No. 819,209, issued November 22, 1966, for ■ frozen prepared foods including a variety of frozen vegetables.2
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Opposer is the third largest manufacturer, in terms of sales, of…
2Cases cited14 opinions
- In re Data Packaging Corp.Court of Customs and Patent Appeals · 1972
- Application of Swift & CoCourt of Customs and Patent Appeals · 1955
- Marcalus Manufacturing Company, Inc. v. Robert C. Watson, Commissioner of PatentsCourt of Appeals for the D.C. Circuit · 1958
- Application of Hollywood Brands, IncCourt of Customs and Patent Appeals · 1954
- Application of Hillerich & Bradsby CoCourt of Customs and Patent Appeals · 1953
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3Cited by118 opinions
- Wal-Mart Stores, Inc. v. Samara Brothers, Inc.Supreme Court of the United States · 2000
- Nola Spice Designs, L.L.C. v. Haydel Enterprises, Inc.Court of Appeals for the Fifth Circuit · 2015
- Amstar Corporation v. Domino's Pizza, Inc. And Atlanta Pizza, Inc., Pizza Enterprises, Inc. And Pizza Services, Inc., Hanna Creative Enterprises, Inc.Court of Appeals for the Fifth Circuit · 1980
- Star Industries, Inc. v. Bacardi & Company Limited, Bacardi U.S.A., and Anheuser-Busch, Inc.Court of Appeals for the Second Circuit · 2005
- Ambrit, Inc. v. Kraft, Inc.Court of Appeals for the Eleventh Circuit · 1986
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