CIRCUS FOODS, INC., APPELLANT,
v.
ROBERT C. WATSON, COMMISSIONER OF PATENTS, FRANK HERFORT CANNING CO., INC., A CORPORATION, ET AL., APPELLEES
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The court held that the appeal is moot because the underlying trademark registration denial became final and is being directly challenged in a separate pending suit.
Appellant sought review of the Commissioner's dismissal of its opposition to a trademark application. The Commissioner had denied the registration, an…
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PER CURIAM.
Whereas, the complaint herein seeks review of the dismissal by appellee Watson, Commissioner of Patents, of appellant’s opposition to an application (T.M. Serial No. 611,179) for registration of a trademark by appellee Circus Fruit Corporation; and
Whereas, it appears that registration of said trademark was denied by appellee Watson, and, no review of such denial having been sought within the time allowed therefor, the denial has become final; and
Whereas, by reason of the foregoing it appears to the court that the complaint herein is moot;1 and
Whereas, the statements by appellee Watson of which appellant complains
appear to the Court to be dicta, unnecessary to appellee’s decision and of no binding effect; and
Whereas, another suit is now pending in the District Court (C. A. 4099-56) in which the decision of the Patent Office denying the application of appellant Circus Foods, Inc., for registration of a trademark, is directly challenged, and this court considers that said suit can and should be adjudicated without reliance on or prejudice from the statements above mentioned;
Now, Therefore, It Is Ordered by the Court that this cause be, and it is hereby, remanded to the District Court, with directions to vacate the order of dismissal and to dismiss the complaint as moot.
. See Dunlap & Co. v. Bettmann-Dunlap Co., 1927, 57 App.D.C. 351. 23 F. 2d 772; Frigidaire Corp. v. Nitterhouse Bros., 1933, 63 F. 2d 123, 20 C.C.P.A., Patents, 865; Frankfort Distilleries Inc. v. Dextora Co., 1939, 103 F. 2d 924, 26 C.C.P.A.,Patents, 1244; Pabst-Ett Corp. v. Dr. W. J. Ross Co., 1941, 120 F. 2d 390, 28 C.C.P.A.,Patents, 1164; The Pep Boys, Manny, Moe and Jack v. Fisher Bros. Co., 1938, 94 F. 2d 204, 25 C.C.P.A.,Patents, 818; Mishawaka Rubber & Woolen Mfg. Co. v. Bradstone Rubber Co., 1940, 109 F. 2d 219, 27 C.C.P.A.,Patents, 888; Baxter Laboratories, Inc. v. Don Baxter, Inc., 1951, 186 F. 2d 511, 38 C.C.P.A.,Patents, 786; Hat Corp. of America v. John B. Stetson Co., 1955, 223 F. 2d 485, 42 C.C.P.A.,Patents, 1001.
. Namely, the statements in 110 U.S.P.Q. 501 at 502 that as to registrations No. 260,343 and No. 360,756, “Circus Foods has abandoned such rights as it may have acquired in the mark(s) and registration (s)”, and as to registration No. 424,-245, since it was “ * * * obtained as a result of a conspiracy * * *. Circus Foods may not rely on such registration for any purpose, either in this proceeding or otherwise.”
Cases With Similar Vibessemantic neighbors from the corpus
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- HAT Corp. OF Am. v. John B. Stetson Co., 223 F.2d 485 (C.C.P.A. 1955)
- In re Blood, 23 F.2d 772 (D.C. Cir. 1927)
- The Pep Boys v. Fisher Bros. Co., 94 F.2d 204 (C.C.P.A. 1938)
- Frankfort Distilleries, Inc. v. Dextora Co., 103 F.2d 924 (C.C.P.A. 1939)
- Frigidaire Corp. v. Nitterhouse Bros., 63 F.2d 123 (C.C.P.A. 1933)
- Baxter Labs., Inc. v. Don Baxter, Inc., 186 F.2d 511 (C.C.P.A. 1951)
- Mishawaka Rubber & Woolen MFG. Co. v. Bradstone Rubber Co., 109 F.2d 219 (C.C.P.A. 1940)
- Pabst-Ett Corp. v. DR. W. J. Ross Co., 120 F.2d 390 (C.C.P.A. 1941)