Battle Creek Sanitarium Co. v. Fuller
Court of Appeals for the D.C. Circuit
Hearing oil an appeal from a decision of the Commissioner of Patents sustaining a demurrer to an opposition to the registration of a trademark and refusing leave to amend. The facts are stated in the opinion.
1Opinion of the CourtChief Justice Shepard
Frank Fuller, on December 2, 1905, filed an application for the registration of a trademark consisting of the words *413“Health Food,” alleging that the same had been used by him continuously since the year 1874 as a trademark applied to bread, crackers, wafers, sticks, puffs, biscuits, and buns made of wheat flour, and also of mixed wheat and oat flour, etc. It has been displayed on the packages containing the goods.
This trademark was allowed as entitled to registration under what is called the “ten years’ clause” or proviso of sec. 5 of the trademark act of February 20, 1905, and publication…
2Cases cited4 opinions
- United States v. SteffensSupreme Court of the United States · 1879
- Columbia Mill Co. v. AlcornSupreme Court of the United States · 1893
- Fuller v. HuffCourt of Appeals for the Second Circuit · 1900
- United States v. BraunDistrict Court, E.D. Missouri · 1889
3Cited by4 opinions
- Burmel Handkerchief Corp. v. Cluett, Peabody & Co.Court of Customs and Patent Appeals · 1942
- Victor Tool and MacHine Corp. v. Sun Control Awnings, Inc.District Court, E.D. Michigan · 1968
- Koffler Stores, Ltd. v. Shoppers Drug Mart, Inc.District Court, E.D. Michigan · 1976
- Mendes v. New England Duplicating Co.District Court, D. Massachusetts · 1950