Legal Opinion
Sunway Fruit Products, Inc. v. Productos Caseros, S.A.
Court of Customs and Patent Appeals
Decided June 20, 1963No. Patent Appeal 7001Published
1Opinion of the Court
WORLEY, Chief Judge.
Productos Caseros seeks to register “FRESK” 1 for a flavored and colored preparation in the form of powder, capsules or tablets for use as an ingredient in making food beverages, ice pops, water ices, sherbets, and ice creams. Sunway Fruit Products, Inc. opposes on prior use and registration of its mark “FRESHIE” on a non-alcoholic, maltless flavored concentrate used in mixing alcoholic and non-alcoholic drinks. 2
Sunway took testimony and offered various documentary exhibits. Caseros took no testimony.
In dismissing the opposition, the Trademark Trial and Appeal Board 3…
2Cases cited6 opinions
- G. D. Searle & Co. v. Chas. Pfizer & Co., Inc.Court of Appeals for the Seventh Circuit · 1956
- Marks v. Polaroid CorporationDistrict Court, D. Massachusetts · 1955
- Watkins Products, Inc., Formerly Known as the J. R. Watkins Company v. Sunway Fruit Products, Inc.Court of Appeals for the Seventh Circuit · 1963
- Cecile Gagnon Co. v. Bourjois, Inc.Court of Customs and Patent Appeals · 1955
- Dunkin' Donuts of America, Inc. v. Dunkin Donuts, Inc.Appellate Division of the Supreme Court of the State of New York · 1959
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