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

> Court of Customs and Patent Appeals · November 24, 1976 · 544 F.2d 1098

URL: https://www.frixlaw.com/law-library/cases/8900093

## Case

- **Full name:** FEDERATED FOODS, INC., d.b.a. Hy-Top Products Division v. FORT HOWARD PAPER COMPANY
- **Court:** Court of Customs and Patent Appeals
- **Decided:** November 24, 1976
- **Citations:** 544 F.2d 1098; 192 U.S.P.Q. (BNA) 24; 1976 CCPA LEXIS 119
- **Precedential status:** Published
- **Opinion:** Concurrence by Miller
- **Judges:** Baldwin, From, Lane, Markey, Miller, Reversal, Rich
- **Cited by:** 179 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/8900093

## How later opinions describe it (automated extraction)

- 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

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8900093. Public record. Not legal advice.