Legal Opinion
Kimberly-Clark Corporation v. Fort Howard Paper Company
Court of Appeals for the Federal Circuit
Decided September 6, 1985No. Appeal 85-902PublishedCited by 23 opinions
1Opinion of the Court
NIES, Circuit Judge.
This appeal is from the decision of the Trademark Trial and Appeal Board (TTAB) of the Patent and Trademark Office (PTO) sustaining an opposition by Fort Howard Paper Company to registration by Kimberly-Clark Corporation of the mark KIMTEX for “non-woven fabric articles, namely, wiping cloths.” 1 The board held, inter alia, that a settlement agreement entered into in 1924 between the applicant’s predecessor and the opposer “precluded” registration of the subject mark. Since we conclude that a registration for non-woven fabric wiping cloths is not barred by the agreement,…
2Cases cited7 opinions
- In re E. I. DuPont DeNemours & Co.Court of Customs and Patent Appeals · 1973
- Stern Electronics, Inc. v. Harold Kaufman D/B/A Bay Coin, and Omni Video Games, Inc.Court of Appeals for the Second Circuit · 1982
- Chromalloy American Corporation v. Kenneth Gordon (New Orleans), Ltd.Court of Appeals for the Federal Circuit · 1984
- Skookum Packers' Ass'n v. Pacific Northwest Canning Co.Court of Customs and Patent Appeals · 1930
- Application of Continental Baking CompanyCourt of Customs and Patent Appeals · 1968
2 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Tate Access Floors, Inc. And Tate Access Floors Leasing, Inc. v. Interface Architectural Resources, Inc.Court of Appeals for the Federal Circuit · 2002
- Umc Electronics Company v. The United States, Cross-AppellantCourt of Appeals for the Federal Circuit · 1987
- Symantec Corp. v. Computer Associates International, Inc.Court of Appeals for the Federal Circuit · 2008
- Barclay v. United StatesCourt of Appeals for the Federal Circuit · 2006
- Ksm Fastening Systems, Inc. v. H.A. Jones Company, Inc. And Erico Jones CompanyCourt of Appeals for the Federal Circuit · 1985
18 more not listed; retrieve them via the Exa API.