Legal Opinion
Southern Enterprises, Inc. D.B.A the Whopper-Burger Shop v. Burger King of Florida, Inc.
Court of Customs and Patent Appeals
Decided January 8, 1970No. Patent Appeal 8227PublishedCited by 4 opinions
1Opinion of the Court
RAO, Judge.
Southern Enterprises, Inc., d. b. a. The Whopper-Burger Shop, appeals from the decision of the Trademark Trial and Appeal Board 1 granting the petition of Burger King of Florida, Inc., brought under section 14 of the Lanham Act (15 U.S.C. § 1064), to cancel Southern’s registration 2 of “Whoppaburger” for “sandwiches.”
The board granted cancellation on the basis of Burger King’s prior use of “Whopper” in connection with its sales of burger-type sandwiches in its Burger King restaurants as well as its service-mark registration 3 of “Home of the Whopper” for drive-in restaurant…
2Cases cited2 opinions
- Carter Products, Inc. v. Colgate-Palmolive CompanyDistrict Court, D. Maryland · 1963
- Salem Commodities, Incorporated v. The Miami Margarine CompanyCourt of Customs and Patent Appeals · 1957
3Cited by4 opinions
- Sterling Drug, Inc. v. Bayer AGCourt of Appeals for the Second Circuit · 1994
- Patsy's Italian Restaurant, Inc. v. BanasDistrict Court, E.D. New York · 2007
- Application of Calgon CorporationCourt of Customs and Patent Appeals · 1971
- Sterling Drug, Incorporated v. Bayer AgCourt of Appeals for the Second Circuit · 1994