Legal Opinion

Goldenrod Ice Cream Company v. Louisville Pecan Company

Court of Customs and Patent Appeals

Decided July 18, 1962No. Patent Appeal 6824PublishedCited by 2 opinions

1Opinion of the Court

WORLEY, Chief Judge.

The Louisville Pecan Company seeks registration of “GOLDENROD” for use on “Shelled Pecans,” alleging use since 1958. Registration is opposed by the Goldenrod Ice Cream Company which alleges use of “GOLDENROD” since 1916 on its products including packaged “butter pecan” ice cream.

The record consists of the application, the pleadings and the stipulated facts on behalf of opposer.

It appears that opposer and its predecessors have since 1918 continuously manufactured and sold its ice cream products under the mark “GOLDENROD,” advertising through various media.

Since opposer is…

2Cases cited1 opinion

  1. Rank Cintel Limited v. Kay LabCourt of Customs and Patent Appeals · 1961

3Cited by2 opinions

  1. Application of United Biscuit Company of AmericaCourt of Customs and Patent Appeals · 1968
  2. The Morrison Milling Company v. General Mills, IncCourt of Customs and Patent Appeals · 1971

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