Legal Opinion

Cream Wipt Foods, Inc. v. General Foods Corporation

Court of Customs and Patent Appeals

Decided May 24, 1960No. Patent Appeal 6561PublishedCited by 4 opinions

1Opinion of the Court

WORLEY, Chief Judge.

This appeal is from the decision of the Trademark Trial and Appeal Board of the United States Patent Office dismissing oppositions by appellant to two applications by appellee for registration of “Dream Whip” as a trademark for a mix for use in making puddings, sauces, and toppings, and a dessert topping mix, respectively. The oppositions were based on prior registration and use by appellant of “Cream Wipt” as a trademark for salad dressings containing cream, and of “Saladream” for a blend of mayonnaise and whipped cream. Appellant’s priority is not questioned, thus the…

2Cases cited3 opinions

  1. W. B. Roddenberg Co. v. KalichCourt of Customs and Patent Appeals · 1946
  2. Dwinell-Weight Co. v. GundlachCourt of Customs and Patent Appeals · 1941
  3. Hy-V Co., Inc. v. Campbell Soup Co.Court of Customs and Patent Appeals · 1951

3Cited by4 opinions

  1. Hml Corporation v. General Foods CorporationCourt of Appeals for the Third Circuit · 1966
  2. T-Mobile US, Inc. v. Aio Wireless LLCDistrict Court, S.D. Texas · 2014
  3. Shawnee Milling Company v. Sidney Wanzer & Sons, Inc., D.B.A. Wanzer'sCourt of Customs and Patent Appeals · 1968
  4. HML Corp. v. General Foods Corp.District Court, E.D. Pennsylvania · 1965

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