Legal Opinion

Frankfort Distilleries, Inc. v. Kasko Distillers Products Corp.

Court of Customs and Patent Appeals

Decided May 6, 1940No. Patent Appeal 4305PublishedCited by 15 opinions

1Opinion of the Court

LENROOT, Associate Judge.

This is an appeal in a trade-mark opposition proceeding wherein the Commissioner of Patents reversed a decision of the Examiner of Interferences which sustained appellant’s notice of opposition to the registration by appellee of the words “Maryland Rose” as applied to whiskey.

Appellee’s application was filed on May 1, 1937, and it is therein stated that its said mark had been continuously applied to its goods (whiskey) since October 1, 1934. ^

The notice of opposition alleged appellant’s use upon whiskey of the mark “Four Roses” long prior to October 1, 1934, and two…

2Cases cited7 opinions

  1. Bon Ami Co. v. McKesson & Robbins, Inc.Court of Customs and Patent Appeals · 1938
  2. Richard Hellmann, Inc. v. Oakford & FahnestockCourt of Customs and Patent Appeals · 1932
  3. American Brewing Co. v. Delatour Beverage Corp.Court of Customs and Patent Appeals · 1938
  4. Spicer v. W. H. Bull Medicine Co.Court of Customs and Patent Appeals · 1931
  5. Baltimore Paint & Color Works v. Bennett Glass & Paint Co.Court of Customs and Patent Appeals · 1930

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

3Cited by15 opinions

  1. Celanese Corp. v. E. I. Du Pont De Nemours & Co.Court of Customs and Patent Appeals · 1946
  2. West Disinfecting Co. v. Lan-O-Sheen Co.Court of Customs and Patent Appeals · 1947
  3. Smith v. Tobacco By-Products & Chemical Corp.Court of Customs and Patent Appeals · 1957
  4. A. Smith Bowman Distillery, Inc. v. Schenley Distillers, Inc.District Court, D. Delaware · 1961
  5. Eureka Williams Corp. v. Willoughby MacH. & Tool Co.Court of Customs and Patent Appeals · 1952

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