Burton-Dixie Corporation v. Restonic Corporation
Court of Customs and Patent Appeals
1Opinion of the Court
JOHNSON, Judge.
This is a trade-mark opposition proceeding, brought by Burton-Dixie Corporation, owner of the trade-mark Ortho-flex (or, as apparently used in advertising, Ortho-Flex), in opposition to the registration of the mark Orthotonic to the applicant, Restonic Corporation. According to stipulation, the marks are used on substantially identical goods, mattresses and box springs, which are marketed through the same channels of trade to the same classes of purchasers and are sold in competition with each other.
*669Opposer’s mark, Orthoflex, is registration No. 292,811, registered March 29,…
Also in this document: Concurrence.
2Cases cited10 opinions
- Schering & Glatz, Inc. v. Sharp & Dohme, Inc.Court of Customs and Patent Appeals · 1944
- Nestle's Milk Products, Inc. v. Baker Importing Co., IncCourt of Customs and Patent Appeals · 1950
- North Star Mfg. Co. v. Wells Lamont Corp.Court of Customs and Patent Appeals · 1951
- Younghusband v. Kurlash Co.Court of Customs and Patent Appeals · 1938
- Apollo Shirt Co. v. Enro Shirt Co.Court of Customs and Patent Appeals · 1948
5 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Wembley, Inc. v. Diplomat Tie CompanyDistrict Court, D. Maryland · 1963
- Societe Anonyme De La Grande Distillerie E. Cusenier Fils Aine & Cie v. Julius Wile Sons & Co.District Court, S.D. New York · 1958
- Smith v. Tobacco By-Products & Chemical Corp.Court of Customs and Patent Appeals · 1957
- In Re Beaunit Mills, Inc.Court of Customs and Patent Appeals · 1960
- S C M Corporation v. Royal McBee CorporationCourt of Customs and Patent Appeals · 1968
8 more not listed; retrieve them via the Exa API.