Fruit Industries v. Bisceglia Bros. Corporation

I am constrained to dissent from the conclusion reached by the court in this case.

In order to get a full understanding of this case and reach a correct conclusion it is necessary to restate some of the facts.

The “Greystone” mark was first owned and used from 1895 to 1929 by the California Wine Association, hereinafter referred to as the Association. In May, 1911, the Association registered this name in the United States Patent Office as a trademark for Hock-Tyoe (white Rhine type) of wine, though it also used the name on labels of other types of wines such as Port, Burgundy and Sherry, and…