R. G. Barry Corp. v. Mushroom Makers, Inc.
Court of Customs and Patent Appeals
1Opinion of the Court
BALDWIN, Judge.
Mushroom Makers, Inc. (Mushroom Makers) has filed a “Petition for Leave to Appeal” from a decision in an opposition by the Patent and Trademark Office Trademark Trial and Appeal Board (board) in Opposition No. 60,346. The board denied Mushroom Makers’ motion for summary judgment which sought to dismiss the opposition. The Petition is denied.
Background
The parties in this matter were litigants in a prior civil action involving the registered trademark MUSHROOMS (owned by the R. G. Barry Corp. (Barry)), as applied to women’s shoes, sandals, and slippers, and the tradename and…
2Cases cited6 opinions
- Sears, Roebuck & Co. v. MacKeySupreme Court of the United States · 1956
- Gillespie v. United States Steel Corp.Supreme Court of the United States · 1964
- Mushroom Makers, Incorporated v. R. G. Barry CorporationCourt of Appeals for the Second Circuit · 1978
- Mushroom Makers, Inc. v. R. G. Barry Corp.District Court, S.D. New York · 1977
- Toro Co. v. Hardigg Industries, Inc.Court of Customs and Patent Appeals · 1977
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3Cited by4 opinions
- Copelands' Enterprises, Inc. D/B/A Copelands' Sports v. Cnv, Inc.Court of Appeals for the Federal Circuit · 1989
- Chesebrough-Pond's Inc. v. Faberge, Inc.Court of Customs and Patent Appeals · 1980
- Parker Brothers v. Tuxedo Monopoly, Inc.Court of Appeals for the Federal Circuit · 1985
- Copelands' Enterprises, Inc. D/B/A Copelands' Sports v. Cnv, Inc.Court of Appeals for the Federal Circuit · 1989