GRANDPA PIDGEON'S OF MISSOURI, INC. v. BORGSMILLER

Patent Appeal No. 8939.

477 F.2d 586 (1973)

GRANDPA PIDGEON'S OF MISSOURI, INC., Appellant, v. Robert J. BORGSMILLER, d.b.a. Grandpa John's Store, Appellee.

United States Court of Customs and Patent Appeals.

May 3, 1973.


Attorney(s) appearing for the Case

John D. Pope, III, St. Louis, Mo., attorney of record, for appellant.

Paul M. Denk, St. Louis, Mo., attorney of record, for appellee.

Before MARKEY, Chief Judge, RICH, BALDWIN and LANE, Judges, and ALMOND, Senior Judge.


MARKEY, Chief Judge.

This is an appeal from the decision of the Trademark Trial and Appeal Board dismissing appellant's opposition to registration of appellee's mark comprising the figure of an elderly man. We reverse.

Appellant's earlier use of its marks and the identity of the parties' retail store services are undisputed. The sole issue is whether appellee's mark so resembles a mark of appellant as to be likely to cause confusion or mistake or to deceive...

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