SOUTHERN ENTERPRISES, INC. v. BURGER KING OF FLORIDA, INC.

Patent Appeal No. 8227.

419 F.2d 460 (1970)

SOUTHERN ENTERPRISES, INC. d.b.a the Whopper-Burger Shop, Appellant, v. BURGER KING OF FLORIDA, INC., Appellee.

United States Court of Customs and Patent Appeals.

January 8, 1970.


Attorney(s) appearing for the Case

Goldman & Moller, G. Turner Moller, Edward L. Goldman, Washington, D. C., Robert N. Roley, Birmingham, Michigan, attorneys of record, for appellant.

Irons, Birch, Swindler & McKie, John R. Swindler, Washington, D. C., for appellee.

Before RICH, Acting Chief Judge, ALMOND, BALDWIN, and LANE, Judges, and RAO, Chief Judge, sitting by designation.


RAO, Judge.

Southern Enterprises, Inc., d. b. a. The Whopper-Burger Shop, appeals from the decision of the Trademark Trial and Appeal Board1 granting the petition of Burger King of Florida, Inc., brought under section 14 of the Lanham Act (15 U.S.C. § 1064), to cancel Southern's registration2 of "Whoppaburger" for "sandwiches."

The board granted cancellation on the basis of Burger King's prior...

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