Legal Opinion

R. G. Barry Corp. v. Mushroom Makers, Inc.

Court of Customs and Patent Appeals

Decided December 6, 1979No. Opposition No. 60346PublishedCited by 4 opinions

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

  1. Sears, Roebuck & Co. v. MacKeySupreme Court of the United States · 1956
  2. Gillespie v. United States Steel Corp.Supreme Court of the United States · 1964
  3. Mushroom Makers, Incorporated v. R. G. Barry CorporationCourt of Appeals for the Second Circuit · 1978
  4. Mushroom Makers, Inc. v. R. G. Barry Corp.District Court, S.D. New York · 1977
  5. Toro Co. v. Hardigg Industries, Inc.Court of Customs and Patent Appeals · 1977

1 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Copelands' Enterprises, Inc. D/B/A Copelands' Sports v. Cnv, Inc.Court of Appeals for the Federal Circuit · 1989
  2. Chesebrough-Pond's Inc. v. Faberge, Inc.Court of Customs and Patent Appeals · 1980
  3. Parker Brothers v. Tuxedo Monopoly, Inc.Court of Appeals for the Federal Circuit · 1985
  4. Copelands' Enterprises, Inc. D/B/A Copelands' Sports v. Cnv, Inc.Court of Appeals for the Federal Circuit · 1989

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