Geo. A. Hormel & Co. (Assignee of Stark, Wetzel & Co., Inc.) v. Hereford Heaven Brands, Inc.

MARTIN, Judge.

Geo. A. Hormel & Co. (hereinafter Hormel), user of the mark LITTLE SIZZLERS, has appealed a decision of the Trademark Trial and Appeal Board dismissing its opposition to the registration of the mark SIZZLE used by appellee Hereford Heaven Brands, Inc. (hereinafter Hereford).

While the major issue is whether there would be a likelihood of confusion between LITTLE SIZZLERS as a mark for fresh pork sausage and SIZZLE as a mark for fresh and frozen packaged meats, there is a secondary issue raised by appellee Hereford which will necessitate a full exposition of the facts leading to…