FREDERICK GASH, INC. v. MAYO CLINIC

Patent Appeal No. 8677.

461 F.2d 1395 (1972)

FREDERICK GASH, INC., Appellant, v. MAYO CLINIC and Mayo Foundation, Appellees.

United States Court of Customs and Patent Appeals.

Rehearing Denied August 10, 1972.


Attorney(s) appearing for the Case

Alan H. Levine, Judah B. Felshin, New York City, attys. of record, for appellant.

Phillip H. Smith, Minneapolis, Minn., Robert G. McMorrow, Washington, D.C., attys. of record, for appellees.

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


LANE, Judge.

This appeal is from the decision of the Trademark Trial and Appeal Board, 162 USPQ 263 (1969), sustaining an opposition to the registration1 of "mayo 7," stylized as shown below, for "imitation, low calorie mayonnaise." Our review of the record and arguments in this case convinces us that the board committed reversible error, and we accordingly reverse its decision.

The Mayo Clinic is a voluntary association...

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