Legal Opinion
The Frostie Company v. Sun-Glo Packers, Inc., Sun-Glo Packers, Inc. v. The Frostie Company
Court of Customs and Patent Appeals
Decided April 25, 1963No. Patent Appeal 6908 and 6920PublishedCited by 3 opinions
1Opinion of the Court
WORLEY, Chief Judge.
An application by Sun-Glo Packers for registration of “FROSTY INN” with certain design matter 1 for syrups and concentrates for making soft drinks is opposed by The Frostie Company, registrant of “FROSTIE,” both alone and in association with other words and designs, 2 for root beer and an extract for making same. Sun-Glo counterclaims by seeking cancellation of the Frostie Company’s registration of “FROSTIE.” 3 The Trademark Trial and Appeal Board dismissed both the opposition and counterclaim.
Appeal No. 6908 is by the Frostie Company from dismissal of the opposition, and…
2Cases cited1 opinion
- Murray Corporation of America v. Red Spot Paint and Varnish Co., Inc.Court of Customs and Patent Appeals · 1960
3Cited by3 opinions
- Stix Products, Inc. v. United Merchants & Manufacturers, Inc.District Court, S.D. New York · 1968
- The Frostie Company v. Dr. Pepper CompanyCourt of Appeals for the Fifth Circuit · 1965
- Engineered Mechanical Services, Inc. v. Applied Mechanical Technology, Inc.District Court, M.D. Louisiana · 1984