Legal Opinion
Miller Brewing Co. v. Oland's Breweries [1971] Ltd.
Court of Customs and Patent Appeals
Decided December 23, 1976No. Patent Appeal No. 76-627PublishedCited by 20 opinions
1Opinion of the Court
MILLER, Judge.
This appeal is from the decision of the Trademark Trial and Appeal Board1 (TTAB) sustaining appellee’s opposition No. 54,216, filed April 17, 1973, against appellant’s application serial No. 417,309, filed March 3, 1972, for registration of the mark SCHOONER for beer. We affirm.
The critical issue is whether, for purposes of section 2(d) of the Lanham Act (15 U.S.C. § 1052(d)), opposer’s mark SCHOONER for beer was abandoned.
Background
Opposition is based on appellee’s prior use of its mark. Oland & Son Limited, a Canadian brewer and appellee’s predecessor in title, obtained United…
2Cases cited6 opinions
- Saxlehner v. Eisner & Mendelson Co.Supreme Court of the United States · 1900
- Sterling Brewers, Inc. v. Schenley Industries, Inc.Court of Customs and Patent Appeals · 1971
- Jim Dandy Co. ex rel. Western Grain Co. v. Martha White Foods, Inc.Court of Customs and Patent Appeals · 1972
- American Lava Corp. v. Multronics, Inc.Court of Customs and Patent Appeals · 1972
- Kaz Manufacturing Co. v. Northern Electric Co.District Court, S.D. New York · 1976
1 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- E. Remy Martin & Co., S.A. v. Shaw-Ross International Imports, Inc., and Roger Myers D/B/A F. Remy & CieCourt of Appeals for the Eleventh Circuit · 1985
- Imperial Tobacco Limited, Assignee of Imperial Group Plc v. Philip Morris, IncorporatedCourt of Appeals for the Federal Circuit · 1990
- Exxon Corporation, Humble Oil & Refining Corporation, Humble Gas Transmission Co. And Humble, Inc. v. Humble Exploration Company, Inc.Court of Appeals for the Fifth Circuit · 1983
- Wallpaper Manufacturers, Ltd. v. Crown Wallcovering Corp.Court of Customs and Patent Appeals · 1982
- Crash Dummy Movie, LLC v. Mattel, Inc.Court of Appeals for the Federal Circuit · 2010
15 more not listed; retrieve them via the Exa API.