Legal Opinion

In Re Bongrain International (American) Corp.

Court of Appeals for the Federal Circuit

Decided January 23, 1990No. 89-1536PublishedCited by 85 opinions

1Opinion of the Court

DUMBAULD, Senior District Judge.

Appellant, Bongrain International (American) Corporation, appeals 1 from the Trademark Trial and Appeal Board’s refusal to register the words BABY BRIE on the Principal Register, pursuant to Section 2(f) of the Lanham Act of July 5, 1946, 60 Stat. 427, 428-29, 15 U.S.C. § 1052(f), for soft ripened cheese, 2 on the ground that the words are merely descriptive and hence registration is precluded by Section 2(e)(1) of the Act, 15 U.S.C. § 1052(e)(1). 3 The Board also held that applicant’s evidence of acquired distinctiveness was insufficient to support…

2Cases cited4 opinions

  1. Yamaha International Corporation v. Hoshino Gakki Co., Ltd., Assignee of Hoshino Gakki Ten Inc.Court of Appeals for the Federal Circuit · 1988
  2. In Re Gould Paper CorporationCourt of Appeals for the Federal Circuit · 1987
  3. Dewalt, Inc. v. Magna Power Tool Corp.Court of Customs and Patent Appeals · 1961
  4. Remington Products, Inc. v. North American Philips CorporationCourt of Appeals for the Federal Circuit · 1990

3Cited by85 opinions

  1. In re STEELBUILDING.COMCourt of Appeals for the Federal Circuit · 2005
  2. In Re the Boston Beer Company Limited PartnershipCourt of Appeals for the Federal Circuit · 1999
  3. In Re steelbuilding.comCourt of Appeals for the Federal Circuit · 2005
  4. Royal Crown Company, Inc. v. the Coca-Cola CompanyCourt of Appeals for the Federal Circuit · 2018
  5. Weiss Associates, Inc. v. Hrl Associates, Inc.Court of Appeals for the Federal Circuit · 1990

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