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· 11/22/1977

Mushroom Makers, Inc. v. R. G. Barry Corp.

Citations

  • 441 F. Supp. 1220
  • 196 U.S.P.Q. (BNA) 471
  • 1977 U.S. Dist. LEXIS 12792

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • no bad faith found despite two rejections of registration where plaintiff’s registration did not extend to defendant’s products
  • failure to offer evidence as to circumstances surrounding advertisements
  • “The fact that one believes he has a right to adopt a mark already in use because in his view no conflict exists since the products are separate and distinct cannot, by itself, stamp his conduct as in bad faith, even after the Patent Office has refused the mark registration”

Source: CourtListener parenthetical corpus (CC0).

Judges: Edward Weinfeld

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

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