KELLOGG CO. v. PACK'EM ENTERPRISES, INC.

No. 91-1220 Opposition No. 80,5862.

951 F.2d 330 (1991)

KELLOGG COMPANY, Appellant, v. PACK'EM ENTERPRISES, INC., Appellee.

United States Court of Appeals, Federal Circuit.

December 11, 1991.


Attorney(s) appearing for the Case

Jeffrey H. Kaufman of Oblon, Spivak, McClelland, Maier & Neustadt, Arlington, Va., argued for appellant. With him on the brief were Charles L. Gholz and John H. Weber. Of counsel was David A. Herdman, Battle Creek, Mich.

John M. Kamins of Honigman, Miller, Schwartz & Cohn, Detroit, Mich., argued for appellee. With him on the brief was John Friedl.

Before MAYER, Circuit Judge, FRIEDMAN, Senior Circuit Judge, and LOURIE, Circuit Judge.


FRIEDMAN, Senior Circuit Judge.

The question in this appeal is whether the Trademark Trial and Appeal Board (Board) correctly granted summary judgment that there is no likelihood of confusion between the appellant Kellogg Company (Kellogg)'s FROOT LOOPS mark and the appellee Pack'em Enterprises, Inc. (Pack'em)'s FROOTEE ICE mark. We affirm.

I

Pack'em filed an application to register the mark FROOTEE ICE and accompanying elephant design for use on...

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