Legal Opinion

Keebler Company v. Murray Bakery Products

Court of Appeals for the Federal Circuit

Decided January 25, 1989No. 88-1537PublishedCited by 50 opinions

1Opinion of the Court

MARKEY, Chief Judge.

Appeal from a decision of the Patent and Trademark Office Trademark Trial and Appeal Board (board) dismissing Opposition No. 76,865 of Keebler Company (Keebler), owner of Registration No. 648,660 on PECAN SANDIES for use on cookies, to registration of PECAN SHORTEES for use on cookies by Murray Bakery Products (Murray). We affirm.

BACKGROUND

In its Notice of Opposition, Keebler raised the sole issue of whether contemporaneous marketing of cookies under the marks PECAN SANDIES and PECAN SHORTEES is likely to cause confusion or mistake in relation to the source or sponsorship…

2Cases cited6 opinions

  1. Sweats Fashions, Inc. v. Pannill Knitting Company, Inc.Court of Appeals for the Federal Circuit · 1987
  2. Burlington Coat Factory Warehouse Corporation v. Esprit De Corp. And Federated Department Stores, Inc.Court of Appeals for the Second Circuit · 1985
  3. Fed. Sec. L. Rep. P 97,301 Securities and Exchange Commission v. Spence & Green Chemical Company and Andrew Spence, Sr.Court of Appeals for the Fifth Circuit · 1980
  4. Pure Gold, Inc. v. Syntex (u.s.a.), Inc.Court of Appeals for the Federal Circuit · 1984
  5. Heat & Control, Inc. v. Hester Industries, Inc.Court of Appeals for the Federal Circuit · 1986

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3Cited by50 opinions

  1. Palm Bay Imports, Inc. v. Veuve Clicquot Ponsardin Maison Fondee en 1772Court of Appeals for the Federal Circuit · 2005
  2. Opryland USA Inc. v. The Great American Music Show, Inc.Court of Appeals for the Federal Circuit · 1992
  3. Price v. Western Resources, Inc.Court of Appeals for the Tenth Circuit · 2000
  4. Patricia Toben v. Bridgestone Retail OperationsCourt of Appeals for the Eighth Circuit · 2014
  5. Dranoff-Perlstein Associates v. Harris J. SklarCourt of Appeals for the Third Circuit · 1992

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