Legal Opinion

National NuGrape Co. v. Judge & Dolph, Ltd.

Court of Customs and Patent Appeals

Decided March 4, 1946No. 5092PublishedCited by 8 opinions

1Opinion of the CourtJackson, Judge

Appellant sought cancellation of the registration of appellee’s trademark No. 395,289, dated May 19, 1942, for the mark “So-Grape” applied to nonalcoholic maltless beverages and concentrates, relying on its registered trade-mark “NuGrape,” No. 164,168, dated February 13, 1923, used on nonalcoholic maltless beverages and sirups and extracts therefor.

The case was submitted on stipulation of the parties.

The Examiner of Interferences dismissed the petition on the ground that he had not been persuaded that injury within the meaning of section 13 of the. Trade-Mark Act of 1905 had been established.

U…

2Cited by8 opinions

  1. Pizzeria Uno Corporation v. James W. Temple, Jr., D/B/A Taco UnoCourt of Appeals for the Fourth Circuit · 1984
  2. Nestle's Milk Products, Inc. v. Baker Importing Co., IncCourt of Customs and Patent Appeals · 1950
  3. West Disinfecting Co. v. Lan-O-Sheen Co.Court of Customs and Patent Appeals · 1947
  4. Worsham Sprinkler Co. v. Wes Worsham Fire Protection, LLCDistrict Court, E.D. Virginia · 2006
  5. Dietene Co. v. Dietrim Co.District Court, D. Nebraska · 1954

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