· 6/12/1987
Books on Tape, Inc. v. The Booktape Corporation
Citations
- 836 F.2d 519
- 5 U.S.P.Q. 2d (BNA) 1301
- 1987 U.S. App. LEXIS 17110
- 1987 WL 26695
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- finding competitor has standing because it has an interest in the outcome beyond that of the general public
- finding competitor has standing because it has an interest in the outcome beyond that of the general public
- involving HONEY WHEAT for bread, the applicant had used the designation sought to be registered for more than 50 years at the time of the second proceeding, whereas 40 years earlier, in the prior proceeding, there was use of the term for approximately ten years
- competitor “clearly has an interest in the outcome beyond that of the public in general” in seeking cancellation
- petitioner’s BOOKS ON TAPE mark “while aptly descriptive at the time of its adoption by petitioner appears no more descriptive than the challenged mark BOOKTAPES, a term the PTO accepted for registration on the Supplemental Register”
Source: CourtListener parenthetical corpus (CC0).
Judges: Markey, Nies, Bissell
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.