Legal Opinion

Lipton Industries, Inc. v. Ralston Purina Co.

Court of Customs and Patent Appeals

Decided February 18, 1982No. Appeal No. 81-565PublishedCited by 274 opinions

1Opinion of the Court

NIES, Judge.

This is an appeal from the decision of the United States Patent and Trademark Office (PTO) Trademark Trial and Appeal Board (board)1 granting the petition to cancel appellant’s registration2 of the mark FANCY FIXIN’S for cat food on the ground of abandonment due to nonuse. We affirm.

Background

Since one of the principal issues in this case is what facts were established, we will develop them in the course of the opinion. Suffice to say at this time that appellant seeks to uphold a registration, which has been on the register since 1969, on the basis of two shipments of FANCY…

2Cases cited17 opinions

  1. Warth v. SeldinSupreme Court of the United States · 1975
  2. Sierra Club v. MortonSupreme Court of the United States · 1972
  3. United States v. Students Challenging Regulatory Agency Procedures (SCRAP)Supreme Court of the United States · 1973
  4. Federated Foods, Inc. v. Fort Howard Paper Co.Court of Customs and Patent Appeals · 1976
  5. King Candy Co. v. Eunice King's Kitchen, Inc.Court of Customs and Patent Appeals · 1974

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3Cited by274 opinions

  1. Aktieselskabet Af 21. November 2001 v. Fame Jeans Inc.Court of Appeals for the D.C. Circuit · 2008
  2. Coach Services, Inc. v. Triumph Learning LLCCourt of Appeals for the Federal Circuit · 2012
  3. William B. Ritchie v. Orenthal James SimpsonCourt of Appeals for the Federal Circuit · 1999
  4. National Cable Television Association, Inc. v. American Cinema Editors, Inc.Court of Appeals for the Federal Circuit · 1991
  5. Empresa Cubana Del Tabaco v. General Cigar Co., Inc.Court of Appeals for the Federal Circuit · 2014

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