Legal Opinion

Ralston Purina Company v. Midwest Cordage Company, Inc.

Court of Customs and Patent Appeals

Decided March 16, 1967No. Patent Appeal 7720PublishedCited by 14 opinions

1Opinion of the Court

RICH, Judge.

This appeal is from a decision of the Trademark Trial and Appeal Board, 145 U.S.P.Q. 348, dismissing a petition to cancel from the Principal Register a registration 1 of the trademark CHECKERBOARD for baler and binder twine.

The registrant and its predecessors have sold baler twine since May 1958 under the trademark CHECKERBOARD. Annual sales were initially about $20,000 to $25,000. They grew to approximately $140,000 to $150,000 in the years 1960-1962. Sales for 1963 were about $50,000. Sales of $75,000 to $80,000 were predicted for 1964. 2 No evidence of registrant’s advertising…

2Cases cited8 opinions

  1. McLean v. FlemingSupreme Court of the United States · 1878
  2. Menendez v. HoltSupreme Court of the United States · 1888
  3. Dwinell-Wright Co. v. White House Milk Co.Court of Appeals for the Second Circuit · 1943
  4. Anheuser-Busch, Inc. v. Du Bois Brewing Co.Court of Appeals for the Third Circuit · 1949
  5. Valvoline Oil Co. v. Havoline Oil Co.District Court, S.D. New York · 1913

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3Cited by14 opinions

  1. National Cable Television Association, Inc. v. American Cinema Editors, Inc.Court of Appeals for the Federal Circuit · 1991
  2. Blue Bell, Inc. v. RuesmanDistrict Court, N.D. Georgia · 1971
  3. Johnny's Fine Foods, Inc. v. Johnny's Inc.District Court, M.D. Tennessee · 2003
  4. National Ass'n for Advancement of Colored People v. N.A.A.C.P. Legal Defense & Educational Fund, Inc.District Court, District of Columbia · 1983
  5. Income Tax Service Co. v. FountainCourt of Customs and Patent Appeals · 1973

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