JAMES BURROUGH LIMITED v. LaJOIE

Patent Appeal No. 8680.

462 F.2d 570 (1972)

JAMES BURROUGH LIMITED, Appellant, v. Robert E. LaJOIE and John F. Joliat, Appellees.

United States Court of Customs and Patent Appeals.

July 13, 1972.


Attorney(s) appearing for the Case

G. Cabell Busick, Washington, D. C. (Mason, Fenwick & Lawrence), Washington, D. C., attorneys of record, for appellant; Lauterstein & Lauterstein, New York City, of counsel.

L. Gaylord Hulbert, Detroit, Mich. (Whittemore, Hulbert & Belknap), Detroit, Mich., attorneys of record, for appellees; Joseph A. DeGrandi, Washington, D. C. (Browne, Beveridge & DeGrandi), Washington, D. C., of counsel.

Before RICH, Acting Chief Judge, ALMOND, BALDWIN and LANE, Judges and MALETZ, Judge, United States Customs Court, sitting by designation.


LANE, Judge.

This is an appeal from the decision of the Trademark Trial and Appeal Board, reported in full at 162 USPQ 269 (1969), dismissing appellant's opposition to registration of SIGN OF THE BEEFEATER1 for "restaurant services." Opposer is the owner of the prior registration of BEEFEATER2 for "gin." The opposition is based on the ground that SIGN OF THE BEEFEATER so resembles BEEFEATER as to be likely...

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