Paul F. Beich Co. v. Kellogg Toasted Corn Flakes Co.
Court of Appeals for the D.C. Circuit
Appeal from a Decision by the Commissioner of Patents. Proceeding in the Patent Office by the Kellogg"Toasted Corn Flakes Company to cancel a trade-mark of the Paul F. Beich Company. From a decision sustaining the petition, defendant appeals.
1Opinion of the Court
ROBB, Associate Justice.
Appeal from a Patent Office decision sustaining appellee’s petition for the cancellation of appellant’s trademark “Golden Crumbles,” which it had used on candy since February of 1915.'
It appears that the words “Golden Crumbles” were suggested by the color of the candy and its tendency easily to crumble. A very considerable business soon was established. Appellee, in 1912, adopted the word “Krumbles” as a trade-mark for a cereal breakfast food. In April of 1916, more than a year subsequent to appellant’s adoption of its mark, appellee commenced using its mark on a…
2Cited by6 opinions
- Beech-Nut Packing Co. v. P. Lorillard CoCourt of Appeals for the Third Circuit · 1925
- Beech-Nut Packing Co. v. P. Lorillard Co.District Court, D. New Jersey · 1924
- Pease v. Scott County Milling Co.District Court, E.D. Missouri · 1925
- D. & C. Co. v. Everett Fruit Products Co.Court of Appeals for the D.C. Circuit · 1927
- Mason, Au & Magenheimer Confectionery Co. v. Loose-Wiles Biscuit Co.District Court, E.D. New York · 1932
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