Legal Opinion

Long John Distilleries, Ltd., D.B.A. Long John Distilleries v. Sazerac Company, Inc., D.B.A. John Handy Company

Court of Customs and Patent Appeals

Decided June 11, 1970No. Patent Appeal 8340PublishedCited by 6 opinions

1Opinion of the Court

FISHER, Judge.

The sole issue in this opposition proceeding is whether the mark “FRIAR JOHN,” when applied to brandy, would likely result in confusion, mistake or deception to the public because of similarity to the registered 1 mark “LONG JOHN,” owned and used by appellantopposer in labeling its product, scotch whiskey. The Trademark Trial and Appeal Board dismissed the notice of opposition with opinion. 2

The board found that the third party registrations of record are themselves sufficient to establish that the word “John” has been so frequently used as a part of distilled beverage marks…

2Cited by6 opinions

  1. Little Caesar Enterprises, Inc. v. Pizza Caesar, Inc.Court of Appeals for the Sixth Circuit · 1987
  2. Elvis Presley Enterprises, Inc. v. CapeceCourt of Appeals for the Fifth Circuit · 1998
  3. Elvis Presley Enterprises, Inc. v. CapeceDistrict Court, S.D. Texas · 1996
  4. Daddy's Junky Music Stores v. Big Daddy's Family Music CenterDistrict Court, S.D. Ohio · 1996
  5. Elvis Presley Enterprises, Inc. v. CapeceCourt of Appeals for the Fifth Circuit · 1998

1 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API