Legal Opinion

Sweats Fashions, Inc. v. Pannill Knitting Company, Inc.

Court of Appeals for the Federal Circuit

Decided November 13, 1987No. 87-1229PublishedCited by 495 opinions

1Opinion of the Court

NIES, Circuit Judge.

Sweats Fashions, Inc. (Fashions), appeals from the decision of the United States Patent and Trademark Office (PTO) Trademark Trial and Appeal Board, in Opposition No. 69,983 (May 9, 1986), which granted summary judgment in favor of Pannill Knitting Company, Inc., and dismissed the opposition. Fashions opposes the registration by Pannill of the mark ULTRA SWEATS (Serial No. 430,012) for sweatshirts and sweatpants (SWEATS disclaimed) alleging likelihood of confusion based on its prior use and registration of marks incorporating the word “sweats” and also fraud in Pannill’s…

2Cases cited19 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
  4. First Nat. Bank of Ariz. v. Cities Service Co.Supreme Court of the United States · 1968
  5. In re E. I. DuPont DeNemours & Co.Court of Customs and Patent Appeals · 1973

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3Cited by495 opinions

  1. Avia Group International, Inc., (Formerly Pensa, Inc.) v. L.A. Gear California, Inc.Court of Appeals for the Federal Circuit · 1988
  2. Constant v. Advanced Micro-Devices, Inc.Court of Appeals for the Federal Circuit · 1988
  3. Hung P. Nguyen v. Cna CorporationCourt of Appeals for the Fourth Circuit · 1995
  4. Tom Cunningham v. Laser Golf Corporation (Now Known as Belair Golf)Court of Appeals for the Federal Circuit · 2000
  5. The Johns Hopkins University, Baxter Healthcare Corporation and Becton Dickinson and Company v. Cellpro, Inc.Court of Appeals for the Federal Circuit · 1998

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