Legal Opinion
Application of Mogen David Wine Corporation
Court of Customs and Patent Appeals
Decided June 2, 1964No. Patent Appeal 7085PublishedCited by 66 opinions
1Opinion of the Court
ALMOND, Judge.
Mogen David Wine Corporation appeals from the decision of the Trademark Trial and Appeal Board, 134 USPQ 576, refusing registration of the configuration of a decanter bottle, as a trademark for wines, on the Principal Register established by the Trademark Act of 1946.
The application,1 alleging use since November 1956, seeks registration of the following:
Appellant is the owner by assignment of an existing design patent2 described by the board as “covering the decanter bottle for which it seeks registration.”
Specimens filed in the Patent Office with the application comprise…
2Cases cited5 opinions
- Application of Deister Concentrator Company, IncCourt of Customs and Patent Appeals · 1961
- Application of McIlhenny CompanyCourt of Customs and Patent Appeals · 1960
- Lucien Lelong v. George W. Button CorporationDistrict Court, S.D. New York · 1943
- Falcon Industries, Inc. v. R. S. Herbert Co.District Court, E.D. New York · 1955
- Prince Matchabelli, Inc. v. Anhalt & Co.District Court, S.D. New York · 1941
3Cited by66 opinions
- Midwest Industries, Inc. v. Karavan Trailers, Inc.Court of Appeals for the Federal Circuit · 1999
- Lesportsac, Inc. v. K Mart CorporationCourt of Appeals for the Second Circuit · 1985
- Litton Systems, Inc. v. Whirlpool CorporationCourt of Appeals for the Federal Circuit · 1984
- In re Morton-Norwich Products, Inc.Court of Customs and Patent Appeals · 1982
- Thomas & Betts Corporation and Thomas & Betts Holdings, Inc. v. Panduit CorporationCourt of Appeals for the Seventh Circuit · 1998
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