Legal Opinion

Bart Schwartz International Textiles, Ltd. v. Federal Trade Commission

Court of Appeals for the Federal Circuit

Decided April 14, 1961No. Patent Appeal 6599PublishedCited by 31 opinions

1Opinion of the Court

SMITH, Judge.

The Federal Trade Commission, acting under Section 14 of the Lanham Act (15 U.S.C. 1064, 15 U.S.C.A. § 1064), petitioned for cancellation of appellant’s registration No. 623,601, issued March 20, 1956, on an application filed June 20, 1955, for the mark “FIOCCO” for “textile fabrics in the piece of cotton, rayon, synthetic fibers, and mixtures thereof.” First use and use in commerce is alleged to be May 2, 1955.

The single issue before us, viz., was appellant’s registration No. 623,601 “obtained fraudulently” within the meaning of Sec. 14(c) of the Lanham Act (15 U.S.C. 1064(c),…

2Cases cited1 opinion

In Re Northern Paper MillsCourt of Customs and Patent Appeals · 1933

3Cited by31 opinions

Abercrombie & Fitch Company v. Hunting World, IncorporatedCourt of Appeals for the Second Circuit · 1976
Pizzeria Uno Corporation v. James W. Temple, Jr., D/B/A Taco UnoCourt of Appeals for the Fourth Circuit · 1984
In Re Bose Corp.Court of Appeals for the Federal Circuit · 2009
Otokoyama Co. v. Wine of Japan Import, Inc.Court of Appeals for the Second Circuit · 1999
Miguel Torres v. Cantine Torresella S.R.L., Assignee of S. Margherita S.P.A.Court of Appeals for the Federal Circuit · 1986

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