Legal Opinion
In Re Riverbank Canning Co.
Court of Customs and Patent Appeals
Decided April 4, 1938No. Patent Appeal 3882PublishedCited by 21 opinions
1Opinion of the Court
LENROOT, Associate Judge.
This is an appeal from a decision of the Commissioner of Patents, affirming that of the Examiner refusing to register the mark “Madonna” as a trade-mark for wines, on the ground that the use of the word, for such purpose, is scandalous within the meaning of section 5(a) of the Trade-Mark Act of February 20, 1905, as amended, 15 U.S.C.A. §85(a).
The present application was filed January 20, 1934, and was published July 17, 1934. Thereafter, and within the statutory period, an opposition was filed, based on the likelihood of confusion in trade.
On September 28, 1934, the…
2Cases cited4 opinions
- Crane v. CampbellSupreme Court of the United States · 1917
- In re Maclin-Zimmer-McGill Tobacco Co.Court of Appeals for the D.C. Circuit · 1920
- J. P. Heilbronn Co. v. Hammermill Paper Co.Court of Customs and Patent Appeals · 1931
- In re Ric-WiL Co.Court of Customs and Patent Appeals · 1937
3Cited by21 opinions
- Iancu v. BrunettiSupreme Court of the United States · 2019
- Pro Ftbl Inc v. Harjo, SuzanCourt of Appeals for the D.C. Circuit · 2005
- In re McGinleyCourt of Customs and Patent Appeals · 1981
- In Re Mavety Media Group Ltd.Court of Appeals for the Federal Circuit · 1994
- In Re Marsha FoxCourt of Appeals for the Federal Circuit · 2012
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