Legal Opinion

Dubonnet Wine Corporation v. Ben-Burk, Inc.

Court of Customs and Patent Appeals

Decided June 30, 1941No. Patent Appeals 4480PublishedCited by 18 opinions

1Opinion of the Court

JACKSON, Associate Judge.

Ben-Burk, Inc., appellee, filed an application in the United States Patent Office on October 17, 1938, for registration of a trade-mark, “Bourbonet,” as applied to liqueurs in class 49, distilled alcoholic liquors. The application alleged that the trade-mark “has been continuously used and applied to said goods in applicant’s business since October 10th, 1938.”

Appellant filed its notice of opposition to the application on January 25, 1939. In the said notice appellant alleged that it is the owner of the trade-mark “Dubonnet,” Registration No. 119,580, dated November…

2Cases cited5 opinions

  1. California Packing Corporation v. Tillman & BendelCourt of Customs and Patent Appeals · 1930
  2. Sun-Maid Raisin Growers of California v. American Grocer Co.Court of Customs and Patent Appeals · 1930
  3. Sparklets Corporation v. Walter Kidde Sales Co.Court of Customs and Patent Appeals · 1939
  4. Skelly Oil Co. v. Powerine Co.Court of Customs and Patent Appeals · 1936
  5. Englander v. Continental Distilling Co.Court of Customs and Patent Appeals · 1938

3Cited by18 opinions

  1. The Fleischmann Distilling Corp., a Corporation, Etc. v. Maier Brewing Company, a CorporationCourt of Appeals for the Ninth Circuit · 1963
  2. Burmel Handkerchief Corp. v. Cluett, Peabody & Co.Court of Customs and Patent Appeals · 1942
  3. L. J. Mueller Furnace Co. v. United Conditioning Corp.Court of Customs and Patent Appeals · 1955
  4. Ernest Wilson v. Arthur J. DelaunayCourt of Customs and Patent Appeals · 1957
  5. Revere Paint Co. v. 20th Century Chemical Co.Court of Customs and Patent Appeals · 1945

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