Old Grantian Company, Limited v. William Grant & Sons Limited

SMITH, Judge.

We are here dealing with a decision of the Trademark Trial and Appeal Board granting opposer’s motion for summary judgment. The substance of that motion as summarized by the Trademark Trial and Appeal Board is “that applicant having admitted that it was privy to the previous proceeding from which no appeal was taken is estopped from relitigating the issue of likelihood of confusion since the mark under attack herein is, in legal contemplation, substantially the same as that previously opposed.”

This appeal comes to us based on the following facts of record. Appellant sought…