Opinion

Federated Foods, Inc. v. Fort Howard Paper Co.

  • 544 F.2d 1098
  • 192 U.S.P.Q. (BNA) 24
  • 1976 CCPA LEXIS 119
Court
Court of Customs and Patent Appeals
Filed
Nov 24, 1976
Status
Published
Author
Miller
On the bench
Baldwin, From, Lane, Markey, Miller, Reversal, Rich
Cited by
179 cases

stating that the mere existence of modern supermarket containing wide variety or products should not foreclose further inquiry into the likelihood of confusion arising from the use of similar marks on any goods so displayed

How later courts described this case

  • stating that the mere existence of modern supermarket containing wide variety or products should not foreclose further inquiry into the likelihood of confusion arising from the use of similar marks on any goods so displayed
  • “We conclude, therefore, that this opposition proceeding as to four classes of a combined application is, effectively, four different oppositions which require four different factual determinations and four different conclusions on the ultimate issue of likelihood of confusion under § 2(d).”
  • “The means of distribution and sale, although certainly relevant, are areas of peripheral inquiry. The fundamental inquiry mandated by [Section] 2(d
  • “The fundamental inquiry mandated by § 2(d) goes to the cumulative effect of differences in the essential characteristics of the goods and differences in the marks.”

Written by the judges who cited it.

The opinion

MILLER, Judge

(concurring).

I agree with everything in the majority opinion except the portion which speaks to the various industries which produce the different classes of goods here involved, a point which I consider irrelevant to the issue of likelihood of confusion in this case.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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