Legal Opinion

Van Dyne-Crotty, Inc. v. Wear-Guard Corporation, Cross-Appellant

Court of Appeals for the Federal Circuit

Decided February 25, 1991No. 90-1276, 90-1277PublishedCited by 50 opinions

1Opinion of the Court

MICHEL, Circuit Judge.

Van Dyne-Crotty, Inc. (“Van Dyne-Crotty” or “VDC”) appeals from the final decision of the United States Patent and Trademark Office, Trademark Trial and Appeal Board (“Board”), granting Wear-Guard Corporation’s (“Wear-Guard”) petition to cancel VDC’s registration of the block letter trademark “CLOTHES THAT WORK” (No. 1,396,746). Wear-Guard, Corp. v. Van Dyne-Crotty, Inc., Can. No. 16,340 (TTAB Jan. 24, 1990). The Board based the cancellation on the grounds that concurrent use of VDC’s registered trademark and of a series of marks first used by Wear-Guard would be likely…

2Cases cited5 opinions

  1. Sweats Fashions, Inc. v. Pannill Knitting Company, Inc.Court of Appeals for the Federal Circuit · 1987
  2. In re E. I. DuPont DeNemours & Co.Court of Customs and Patent Appeals · 1973
  3. In Re Bed & Breakfast RegistryCourt of Appeals for the Federal Circuit · 1986
  4. Polo Fashions, Inc. v. Extra Special Products, Inc.District Court, S.D. New York · 1978
  5. Ilco Corp. v. Ideal Security Hardware Corp.Court of Customs and Patent Appeals · 1976

3Cited by50 opinions

  1. Brookfield Communications, Inc. v. West Coast Entertainment CorporationCourt of Appeals for the Ninth Circuit · 1999
  2. George & Co. LLC v. Imagination Entertainment Ltd.Court of Appeals for the Fourth Circuit · 2009
  3. In Re Dial-A-Mattress Operating Corporation (Serial No. 75/131,355)Court of Appeals for the Federal Circuit · 2001
  4. Hana Financial, Inc. v. Hana BankCourt of Appeals for the Ninth Circuit · 2013
  5. One Industries, LLC v. Jim O'Neal Distributing, Inc.Court of Appeals for the Ninth Circuit · 2009

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