JACK POUST & COMPANY v. JOHN GROSS & COMPANY

Patent Appeal No. 8618.

460 F.2d 1076 (1972)

JACK POUST & COMPANY, INC., Appellant, v. JOHN GROSS & COMPANY, Appellee.

United States Court of Customs and Patent Appeals.

June 15, 1972.


Attorney(s) appearing for the Case

Alex Friedman, New York City, attorney of record, for appellant.

Albert H. Kirchner, attorney of record, for appellee.

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


BALDWIN, Judge.

This appeal is from the decision of the Trademark Trial and Appeal Board1 dismissing an opposition to appellee's application2 to register CHERRY JUBILEE, the word CHERRY being disclaimed, for wine. Appellant asserts that appellee's mark so resembles CHERRY JULEP, used and registered3 by appellant prior to appellee's asserted first use, and CHERRY JUBILEE, allegedly...

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