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COCA-COLA, ETC. v. JOSEPH E. SEAGRAM & SONS, INC.

Patent Appeal No. 75-594.

526 F.2d 556 (1975)

COCA-COLA BOTTLING COMPANY OF MEMPHIS, TENNESSEE, INC., Appellant, v. JOSEPH E. SEAGRAM & SONS, INC., Appellee.

United States Court of Customs and Patent Appeals.

December 11, 1975.

Attorney(s) appearing for the Case

James H. Littlepage, Littlepage, Quaintance, Murphy & Dobyns, Washington, D.C., attorney of record, for appellant.

Edward J. Handler, III, Kenyon & Kenyon Reilly Carr & Chapin, New York City, attorney of record, for appellee; Ernest R. Brendel, New York City, of counsel.

Before MARKEY, Chief Judge, and RICH, BALDWIN, LANE and MILLER, Judges.

MILLER, Judge.

This is an appeal from the decision of the Trademark Trial and Appeal Board, 185 USPQ 186 (1975), on cross motions for summary judgment, sustaining appellee's opposition No. 55,829, filed June 10, 1974, against application serial No. 455,996, filed April 30, 1973, for registration of the mark below for nonalcoholic club soda, quinine water, and ginger ale.

Appellee is owner of the trademark...

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