Legal Opinion
Morton-Norwich Products, Inc. v. S. C. Johnson & Son, Inc.
Court of Customs and Patent Appeals
Decided April 8, 1976No. Patent Appeal No. 75-619PublishedCited by 2 opinions
1Opinion of the Court
MILLER, Judge.
This appeal is from the decision of the Trademark Trial and Appeal Board1 sustaining appellee’s opposition No. 53,989, filed February 20, 1973, against application serial No. 405,487, filed October 19, 1971, for registration of RAINFRESH for liquid detergents. We affirm.
Appellee’s uncontroverted evidence establishes that it is the prior user of the mark RAIN BARREL for a fabric softener; that RAIN BARREL is sold and advertised nationally; that sales of RAIN BARREL have exceeded $39 million and advertising and promotional expenditures have exceeded $13 million since its…
2Cases cited8 opinions
- In re E. I. DuPont DeNemours & Co.Court of Customs and Patent Appeals · 1973
- Paula Payne Products Co. v. Johnson Publishing Co.Court of Customs and Patent Appeals · 1973
- Spice Islands, Inc. v. Frank Tea & Spice Co.Court of Customs and Patent Appeals · 1974
- Standard International Corporation, Assignee, by Merger of the Bon Ami Company v. American Sponge and Chamois Company, Inc.Court of Customs and Patent Appeals · 1968
- The Procter & Gamble Company v. Joseph D. Conway, D.B.A. The Certified Chemical and Equipment Co.Court of Customs and Patent Appeals · 1970
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3Cited by2 opinions
- Palm Bay Imports, Inc. v. Veuve Clicquot Ponsardin Maison Fondee en 1772Court of Appeals for the Federal Circuit · 2005
- Shakespeare Co. v. Silstar Corp. of America, Inc.District Court, D. South Carolina · 1996