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SCOTCH WHISKY ASS'N v. U.S. DISTILLED PRODUCTS

No. 91-1268. Cancellation No. 17,568.

952 F.2d 1317 (1991)

The SCOTCH WHISKY ASSOCIATION, Petitioner-Appellant, v. UNITED STATES DISTILLED PRODUCTS COMPANY, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

December 18, 1991.

Attorney(s) appearing for the Case

Charles R. Mandly, Jr., Pattishall, McAuliffe, Newbury, Hilliard & Geraldson, of Chicago, Ill., argued for petitioner-appellant. With him on the brief were Beverly W. Pattishall and M. Blair Tenney.

Lewis R. Shafer, Buchman & O'Brien, of New York City, submitted for respondent-appellee.

Before RICH, ARCHER and CLEVENGER, Circuit Judges.

RICH, Circuit Judge.

This appeal is from the February 12, 1991, decision of the United States Patent and Trademark Office Trademark Trial and Appeal Board (Board), 18 USPQ2d 1391, dismissing the petition of The Scotch Whisky Association (Association or petitioner) to cancel Registration No. 1,499,108, owned by the United States Distilled Products Company (USDP), of the word mark McAdams for "Whiskey". The dismissal was on USDP's motion and on the ground that...

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