Legal Opinion
Purex Corporation, Ltd. (Assignee of Manhattan Soap Company, Inc.) v. Maryland Paper Products Co.
Court of Customs and Patent Appeals
Decided February 21, 1961No. Patent Appeal 6596PublishedCited by 9 opinions
1Opinion of the Court
SMITH, Judge.
This appeal was taken from the Assistant Commissioner’s dismissal (121 U.S. P.Q. 611) of appellant-opposer’s opposition to appellee-applicant’s application for registration of the tr.ade-mark “Sweetheart.” 1
Each party uses the word “Sweetheart,” as its trademark. Opposer’s predecessor had used and registered the mark for toilet soap many years before applicant used it on any of the various paper products which it sells.
Applicant took no testimony but gave notice under rule 2.123(c), 15 U.S.C.A. Appendix that it would rely upon its registrations of the mark “Sweetheart” as…
2Cases cited3 opinions
- Loverich v. Warner Co.Court of Appeals for the Third Circuit · 1941
- United States v. Alex Dussel Iron Works, Inc.Court of Appeals for the Fifth Circuit · 1929
- Lever Bros. Co. v. Sitroux Co.Court of Customs and Patent Appeals · 1940
3Cited by9 opinions
- Sweetarts, a Corporation v. Sunline, Inc., and Menlo F. SmithCourt of Appeals for the Eighth Circuit · 1967
- National Lampoon, Inc. v. American Broadcasting Companies, Inc.District Court, S.D. New York · 1974
- Krim-Ko Corporation (Krim-Ko Division, the National Sugar Refining Company) v. The Coca-Cola Bottling Company of New York, Inc.Court of Customs and Patent Appeals · 1968
- Johnson & Johnson v. DiazDistrict Court, C.D. California · 1971
- Jackes-Evans Manufacturing Co. v. Jaybee Manufacturing Corp.Court of Customs and Patent Appeals · 1973
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