General Foods Corporation v. E-Z Spuds, Inc.

WORLEY, Chief Judge.

E-Z Spuds, Inc., seeks registration of “E-Z KRINKLES” 1 as a trademark for raw potatoes which have been peeled, sliced, and preserved. General Foods Corporation opposes on prior registrations of “KRINKLE” for a food made of corn, sugar and salt, 2 “SUGAR KRIN-KLES” 3 and “SUGAR RICE KRIN-KLES” 4 for cereal breakfast foods, and on asserted prior use of “KRINKLES” and “SUGAR COATED RICE KRIN-KLES” on other breakfast foods.

The Trademark Trial and Appeal Board found that opposer was a manufacturer of a long line of grocery items including canned, mashed and sliced potatoes,…