Legal Opinion
Application of Beatrice Foods Co. Application of Fairway Foods, Inc
Court of Customs and Patent Appeals
Decided August 6, 1970No. Patent. Appeal 8294, 8295PublishedCited by 51 opinions
1Opinion of the Court
BALDWIN, Judge.
This represents the first occasion on which this Court has been asked to review a decision of the Trademark Trial and Appeal Board in a Concurrent Use Proceeding instituted under § 2(d) of the Lanham Trademark Act, 15 U.S.C. § 1052(d). 1 *Both parties to the proceeding below, 2 which involved two copending applications, have taken separate appeals from the board’s several decisions. 3 We have considered each party’s position independently, but since both appeals arise from the same proceeding and the parties have submitted a joint record, we shall dispose of the issues in both…
2Cases cited15 opinions
- Hanover Star Milling Co. v. MetcalfSupreme Court of the United States · 1916
- United Drug Co. v. Theodore Rectanus Co.Supreme Court of the United States · 1918
- Dawn Donut Company, Inc. v. Hart's Food Stores, Inc. And Starhart Bakeries, Inc.Court of Appeals for the Second Circuit · 1959
- American Foods, Inc. v. Golden Flake, Inc.Court of Appeals for the Fifth Circuit · 1963
- John R. Thompson Co., Doing Business as and Through Its Wholly Owned Subsidiaries Holloway House, Inc. v. Mrs. Lee Holloway, Sr.Court of Appeals for the Fifth Circuit · 1966
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3Cited by51 opinions
- In re E. I. DuPont DeNemours & Co.Court of Customs and Patent Appeals · 1973
- Natural Footwear Ltd. v. Hart, Schaffner & MarxCourt of Appeals for the Third Circuit · 1985
- In Re International Flavors & Fragrances Inc.Court of Appeals for the Federal Circuit · 1999
- Foxtrap, Inc. T/a Foxtrappe v. Foxtrap, Inc. T/a FoxtrappeCourt of Appeals for the D.C. Circuit · 1982
- Allard Enterprises, Inc. v. Advanced Programming Resources, Inc. Barry HeagrenCourt of Appeals for the Sixth Circuit · 2001
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