PUERTO RICO DISTIL. v. KO-OPERATIEVE WIJNB. V. V. Z.-A. B.

Patent Appeal No. 8729.

463 F.2d 1353 (1972)

PUERTO RICO DISTILLERS, INC., Appellant, v. KO-OPERATIEVE WIJNBOUWERS VERENIGING VAN ZUID-AFRIKA BEPERKT, Appellee.

United States Court of Customs and Patent Appeals.

September 7, 1972.


Attorney(s) appearing for the Case

Milton Osheroff, Washington, D. C. (Tashof & Osheroff, Washington, D. C.), attorneys of record, for appellant.

Boynton P. Livingston, J. Timothy Hobbs, Gary Bohlke, Washington, D. C. (Mason, Fenwick & Lawrence, Washington, D. C.), attorneys of record, for appellee.

Before RICH, Acting Chief Judge, ALMOND, BALDWIN and LANE, Judges, and CLARK, Justice (Ret.), United States Supreme Court, sitting by designation.


CLARK, Associate Justice.

This is a cancellation proceeding in which Puerto Rico Distillers, Inc. (PRD) seeks to cancel the registration1 of Ko-Operatieve Wijnbouwers Vereniging Van Zuid-Afrika Beperkt (KWV) of a trademark applied to brandy. PRD claims that KWV's trademark so resembles its own registered marks2 for rum, all of which antedate 1965, that it will cause confusion or mistake or deceit to the injury...

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