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SCHENLEY DISTILLERS, INC. v. GENERAL CIGAR CO.

Patent Appeal No. 8328.

427 F.2d 783 (1970)

SCHENLEY DISTILLERS, INC., Appellant, v. GENERAL CIGAR CO., Inc., Appellee.

United States Court of Customs and Patent Appeals.

June 25, 1970.

Attorney(s) appearing for the Case

Milton B. Seasonwein, New York City, attorney of record, for appellant.

John C. Vassil (Morgan, Finnegan, Durham & Pine), New York City, attorney for appellee; Hobart N. Durham, New York City, Harry C. Marcus, of counsel.

Before RICH, Acting Chief Judge, ALMOND, BALDWIN, and LANE, Judges, and FISHER, Chief Judge, Eastern District of Texas, sitting by designation.

FISHER, Judge.

The issue in this case is whether there is likelihood of confusion, mistake or deception in the concurrent use of the identical trademark "OLE" for cigars and for tequila. The Trademark Trial and Appeal Board dismissed the opposition with an opinion dated October 12, 1967, 155 USPQ 742. Petitioner, Schenley Distillers, appeals.

Appellant's agument is that in today's social pattern the imbibing of alcoholic beverages and the use of tobacco products...

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