Legal Opinion
In Re Joseph Gyulay
Court of Appeals for the Federal Circuit
Decided June 10, 1987No. 87-1027PublishedCited by 87 opinions
1Opinion of the Court
PAULINE NEWMAN, Circuit Judge.
The United States Patent and Trademark Office (“PTO”) Trademark Trial and Appeal Board (“Board”) refused registration on the Principal Register to APPLE PIE as a trademark 1 for potpourri. On the record before us, the Board’s decision is affirmed.
OPINION
Potpourri is a pleasant-smelling mixture used as a scent, and is classically associated with rose petals and spices. The potpourri to which the appellant applies the term APPLE PIE is intended to be simmered in water to release its fragrance. Appellant’s catalog states that his “Simmering Potpourri” line is…
2Cases cited10 opinions
- Abercrombie & Fitch Company v. Hunting World, IncorporatedCourt of Appeals for the Second Circuit · 1976
- Soweco, Inc. v. Shell Oil Company, Etc. And Shell Chemical Company, Etc.Court of Appeals for the Fifth Circuit · 1980
- The Vision Center, Cross v. Opticks, Inc., Will Ross, Inc. And G. D. Searle & Co., CrossCourt of Appeals for the Fifth Circuit · 1979
- Zatarains, Inc., Cross-Appellee v. Oak Grove Smokehouse, Inc. And Visko's Fish Fry, Inc., Cross-AppellantsCourt of Appeals for the Fifth Circuit · 1983
- Blisscraft of Hollywood v. United Plastics Company, Marmax Products Corp., and Morris Shapiro, Doing Business as Great Eastern Housewares CompanyCourt of Appeals for the Second Circuit · 1961
5 more not listed; retrieve them via the Exa API.
3Cited by87 opinions
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- In Re Nett Designs, Inc.Court of Appeals for the Federal Circuit · 2001
- In Re Bayer AktiengesellschaftCourt of Appeals for the Federal Circuit · 2007
- In re STEELBUILDING.COMCourt of Appeals for the Federal Circuit · 2005
- In Re Pacer TechnologyCourt of Appeals for the Federal Circuit · 2003
82 more not listed; retrieve them via the Exa API.