Legal Opinion
Planters Nut & Chocolate Company v. Crown Nut Company, Inc.
Court of Customs and Patent Appeals
Decided August 15, 1962No. Patent Appeal 6812PublishedCited by 26 opinions
1Opinion of the Court
RICH, Judge.
This appeal is from the decision of the Patent Office Trademark Trial and Appeal Board (128 USPQ 345) dismissing the opposition of Planters Nut & Chocolate Company to the registration of a design mark, in the form of an animated peanut, by Crown Nut Company, Inc., application Ser. No. 5,979, filed April 9, 1956, Opposition No. 37,911. Applicant claims use only since February 17, 1953, on the goods named in the application, “Nuts, shelled and unshelled, and salted and unsalted.” It is a relative newcomer. •
No testimony was taken. The parties stipulated certain facts and opposer…
2Cases cited17 opinions
- Florence Mfg. Co. v. J. C. Dowd & Co.Court of Appeals for the Second Circuit · 1910
- William Waltke & Co. v. Geo. H. Schafer & Co.Court of Appeals for the D.C. Circuit · 1920
- Judson Dunaway Corporation v. Hygienic Products Co. Hygienic Products Co. v. Judson Dunaway CorporationCourt of Appeals for the First Circuit · 1949
- D. J. Bielzoff Products Co. v. White Horse Distillers, Ltd.Court of Customs and Patent Appeals · 1939
- Reddy Kilowatt, Inc. v. Mid-Carolina Electric Cooperative, Inc., and National Rural Electric Cooperative Association, Inc.Court of Appeals for the Fourth Circuit · 1957
12 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Kenner Parker Toys Inc. v. Rose Art Industries, Inc.Court of Appeals for the Federal Circuit · 1992
- Specialty Brands, Inc. v. Coffee Bean Distributors, Inc.Court of Appeals for the Federal Circuit · 1984
- Bose Corporation v. Qsc Audio Products, Inc.Court of Appeals for the Federal Circuit · 2002
- J & J Snack Foods Corporation v. McDonald CorporationCourt of Appeals for the Federal Circuit · 1991
- Nina Ricci, S.A.R.L. v. E.T.F. Enterprises, Inc.Court of Appeals for the Federal Circuit · 1989
21 more not listed; retrieve them via the Exa API.