Legal Opinion
Fort Howard Paper Company v. Kimberly-Clark Corporation
Court of Customs and Patent Appeals
Decided March 14, 1968No. Patent Appeal 7915PublishedCited by 15 opinions
1Opinion of the Court
RICH, Judge.
This appeal is from a decision of the Patent Office Trademark Trial and Appeal Board, 148 USPQ 607, dismissing appellant’s opposition to the registration by appellee of “Hi-Dri” on the Principal Register for “Absorbent Paper Tissue Suitable for Hygienic, Cosmetic, or Cleaning Purposes,” serial No. 160,711, filed January 15, 1963, claiming first use December 27, 1962.
Appellant’s opposition is based on the admittedly long prior use as trademarks for paper towels of “So-Dri,” 1 principally relied on, its earlier-used variant “Sodri,” 2 and “Shur-Dri.” 3
Both parties took testimony,…
2Cases cited5 opinions
- Maternally Yours, Inc. v. Your Maternity Shop, Inc.Court of Appeals for the Second Circuit · 1956
- Montgomery Ward & Co. v. Sears, Roebuck & Co.Court of Customs and Patent Appeals · 1931
- Western Stove Co. v. Geo. D. Roper CorporationDistrict Court, S.D. California · 1949
- Roger & Gallet v. Janmarie, Inc.Court of Customs and Patent Appeals · 1959
- Fort Howard Paper Company v. Gulf States Paper CorporationCourt of Customs and Patent Appeals · 1967
3Cited by15 opinions
- La Societe Anonyme Des Parfums Le Galion v. Jean Patou, Inc. And Michael Stramiello, Jr., Collector of Customs of the Portof New YorkCourt of Appeals for the Second Circuit · 1974
- Zazu Designs, a Partnership v. L'oreal, S.A.Court of Appeals for the Seventh Circuit · 1992
- Hydro-Dynamics, Inc. v. George Putnam & Company, Inc.Court of Appeals for the Federal Circuit · 1987
- Roux Laboratories, Inc. v. Clairol IncorporatedCourt of Customs and Patent Appeals · 1970
- Application of Beatrice Foods Co. Application of Fairway Foods, IncCourt of Customs and Patent Appeals · 1970
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