Legal Opinion
American Sugar Refining Company v. Hans J. Andreassen (Doing Business as Domino Products Co.)
Court of Customs and Patent Appeals
Decided December 20, 1961No. Patent Appeal 6700PublishedCited by 4 opinions
1Opinion of the Court
WORLEY, Chief Judge.
The sole issue here is whether the provisions of Section 2(d) of, the Lanham Act, 15 U.S.C.A. § 1052(d). preclude registration of applicant’s mark.
The record shows that the American Sugar Refining Company, opposer below and appellant here, has used the word DOMINO as its trademark for sugar since 1891. The mark was registered in 1901 and has been continuously renewed. From 1948 to 1958 a six million dollar advertising expenditure contributed to national sales of $2,500,000,000.
In 1955 one Háns J. Andreassen, applicant below and appellee here, began using DOMINO as a…
2Cases cited3 opinions
- Horlick's Malted Milk Corp. v. HorlickCourt of Appeals for the Seventh Circuit · 1944
- General Mills, Inc. v. FreedCourt of Customs and Patent Appeals · 1937
- Fort Dodge Laboratories, Inc. v. E. L. HaeusslerCourt of Customs and Patent Appeals · 1956
3Cited by4 opinions
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- Kellogg Company v. Toucan Golf, Inc.Court of Appeals for the Sixth Circuit · 2003
- Ralston Purina Company, Appellant/cross-Appellee v. On-Cor Frozen Foods, Inc., Appellee/cross-AppellantCourt of Appeals for the Federal Circuit · 1984
- Kellogg Co v. Toucan GolfCourt of Appeals for the Sixth Circuit · 2003