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WEIGHT WATCHERS INTERN., INC. v. I. ROKEACH & SONS

No. 82 Civ. 0078 (ADS).

546 F.Supp. 841 (1982)

WEIGHT WATCHERS INTERNATIONAL, INC., Plaintiff, v. I. ROKEACH & SONS, INC., Defendant.

United States District Court, S. D. New York.

September 13, 1982.

Attorney(s) appearing for the Case

Davis & Gilbert, New York City, for plaintiff.

Hedman, Casella, Gibson & Costigan, New York City, by Anthony J. Casella, Lawrence B. Goodwin, New York City, for defendant.

MEMORANDUM OPINION AND ORDER

SOFAER, District Judge:

Plaintiff Weight Watchers International, Inc. ("Weight Watchers") opposed a trademark application of defendant I. Rokeach & Sons, Inc. ("Rokeach") before the Trademark Trial and Appeal Board ("the Board"). Weight Watchers challenged the application on the grounds that (1) defendant's mark "Weight-Wise" had not been validly used in commerce and (2) the mark was likely to be confused with plaintiff's...

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