MIDWESTERN PET FOODS v. SOCIETE DES PRODUITS

No. 2011-1482.

685 F.3d 1046 (2012)

MIDWESTERN PET FOODS, INC., Appellant, v. SOCIETE DES PRODUITS NESTLE S.A., Appellee.

United States Court of Appeals, Federal Circuit.

July 9, 2012.


Attorney(s) appearing for the Case

Timothy D. Pecseny , Blank Rome LLP, of Philadelphia, PA, argued for appellant.

Thomas A. Polcyn , Thompson Coburn LLP, of St. Louis, MO, argued for appellee. With him on the brief was Matthew A. Braunel.

Opinion for the court filed by Circuit Judge BRYSON. Concurring in part and dissenting in part opinion filed by Circuit Judge DYK.


BRYSON, Circuit Judge.

Midwestern Pet Foods, Inc., appeals from the decision of the Trademark Trial and Appeal Board denying registration of its mark, WAGGIN' STRIPS. Because substantial evidence supports the Board's finding of a likelihood of confusion between Midwestern's WAGGIN' STRIPS mark and the registered BEGGIN' STRIPS mark owned by Societe des Produits Nestle S.A. ("Nestle"), and because the Board committed no reversible procedural error in admitting evidence...

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