Legal Opinion

Cummins Engine Company, Inc. v. Continental Motors Corporation

Court of Customs and Patent Appeals

Decided May 12, 1966No. Patent Appeal 6961PublishedCited by 17 opinions

1Opinion of the Court

MARTIN, Judge.

This is an appeal from decisions of the Trademark Trial and Appeal Board1 granting a petition to cancel Reg. No. 629,304 for “TURBODIESEL,” issued June 19,1956 on the Supplemental Register for internal combustion engines and parts thereof.2 Cummins Engine Co. (Cummins) owns the mark.

The parties are competitors in the manufacture and sale of internal combustion engines of the compression ignition type, namely, diesel engines, and particularly diesel engines having an exhaust driven turbine supercharger. Continental- petitioned for cancellation of Cummins’ registration on the…

2Cases cited5 opinions

  1. Weiss Noodle Company v. Golden Cracknel and Specialty CompanyCourt of Customs and Patent Appeals · 1961
  2. Alumatone Corp. v. Vita-Var Corp.Court of Customs and Patent Appeals · 1950
  3. In re Bailey Meter Co.Court of Customs and Patent Appeals · 1939
  4. Application of Ada Milling CoCourt of Customs and Patent Appeals · 1953
  5. Bailey Meter Co. v. WatsonDistrict Court, District of Columbia · 1954

3Cited by17 opinions

  1. In Re Northland Aluminum Products, Inc.Court of Appeals for the Federal Circuit · 1985
  2. Surgicenters of America, Inc., an Arizona Corporation v. Medical Dental Surgeries, Co., an Oregon Corporation Dba Medical Dental SurgicentersCourt of Appeals for the Ninth Circuit · 1979
  3. In Re Gould Paper CorporationCourt of Appeals for the Federal Circuit · 1987
  4. Princeton Vanguard, LLC v. Frito-Lay North America, Inc.Court of Appeals for the Federal Circuit · 2015
  5. In Re the American Fertility Society (Now Known as American Society for Reproductive Medicine)Court of Appeals for the Federal Circuit · 1999

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