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PRODUCTION AND MARKETING COMPANY v. E. S. LOWE COMPANY

Patent Appeal No. 7914.

390 F.2d 1013 (1968)

PRODUCTION AND MARKETING COMPANY and Selchow & Righter Company, Appellants, v. E. S. LOWE COMPANY, Inc., Appellee.

United States Court of Customs and Patent Appeals.

March 7, 1968.

Attorney(s) appearing for the Case

F. M. deRosa, Watson, Cole, Grindle & Watson, Washington, D. C., for appellants.

David B. Kirschstein, Morris Kirschstein, Kirschstein, Kirschstein & Ottinger, New York City, for appellee.

Before WORLEY, Chief Judge, and RICH, SMITH, ALMOND and KIRKPATRICK, Judges.

WORLEY, Chief Judge.

Relying on undisputed prior use and registration of the trademark "SCRABBLE"1 for "Game Including Board and Playing Pieces," Production & Marketing Co. opposes the application of Lowe Co., Inc. for registration of "SCRIBBAGE" for "equipment sold as a unit for playing a word game."

In dismissing the opposition, the Trademark Trial and Appeal Board stated:

Since opposer's priority of use is not disputed...

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