Legal Opinion

Giant Food Inc. v. Malone & Hyde, Inc.

Court of Customs and Patent Appeals

Decided October 9, 1975No. Patent Appeal No. 74-557PublishedCited by 11 opinions

1Opinion of the Court

ALMOND, Senior Judge.

This appeal is by the prevailing party in a trademark interference from that part of a decision by the Patent and Trademark Office (PTO) Trademark Trial and Appeal Board (TTAB), 178 USPQ 246 (1973), which, after deciding priority in favor of appellant, refused registration to appellant as well as to appellee. We reverse.

On February 19, 1969, appellant, Giant Food Inc., filed a normal, territorially unrestricted application, serial No. 319,-538, to register the wordmark GIANT FOOD on the principal register (15 U.S.C. §§ 1051, 1053) as a service mark for “RETAIL GROCERY…

2Cases cited7 opinions

  1. Hanover Star Milling Co. v. MetcalfSupreme Court of the United States · 1916
  2. United Drug Co. v. Theodore Rectanus Co.Supreme Court of the United States · 1918
  3. Application of Beatrice Foods Co. Application of Fairway Foods, IncCourt of Customs and Patent Appeals · 1970
  4. Rosso & Mastracco, Inc. v. Giant Food Shopping Center of Virginia, Inc.Supreme Court of Virginia · 1958
  5. Coschocton Glove Co. v. Buckeye Glove Co.Court of Customs and Patent Appeals · 1937

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

3Cited by11 opinions

  1. Giant Food, Inc. v. Nation's Foodservice, Inc.Court of Appeals for the Federal Circuit · 1983
  2. Citibank, N.A. v. Citibanc Group, Inc.Court of Appeals for the Eleventh Circuit · 1984
  3. Weiner King, Inc. v. Wiener King Corp.Court of Customs and Patent Appeals · 1980
  4. Wallpaper Manufacturers, Ltd. v. Crown Wallcovering Corp.Court of Customs and Patent Appeals · 1982
  5. Rosso and Mastracco, Incorporated v. Giant Food Inc.Court of Appeals for the Federal Circuit · 1983

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API