G.h. Mumm & Cie (societe Vinicole De Champagne Successeursof New York, Inc.), Appellant, v. Desnoes & Geddes, Ltd., Cross-appellant

United States Court of Appeals, Federal Circuit. - 917 F.2d 1292

Oct. 25, 1990

Martin J. Beran, of New York City, argued, for appellant. With him on the brief were Laura E. Goldbard and Blum Kaplan.

Robert B. Kennedy, Thomas and Kennedy, of Atlanta, Ga., argued, for cross-appellant.

Before MAYER and PLAGER, Circuit Judges, and SMITH, Senior Circuit Judge.

PLAGER, Circuit Judge.

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Appellant G.H. Mumm & Cie (Societe Vinicole de Champagne Successeurs of New York, Inc.) ("Mumm") opposes registration of a mark by Cross-Appellant Desnoes & Geddes, Ltd. ("Desnoes"). The Trademark Trial and Appeal Board ("Board") dismissed Mumm's opposition. Desnoes cross-appeals from a decision of the Board dismissing Desnoes' counterclaim to cancel Mumm's Registration No. 395,907 ('907). As to both dismissals, we affirm.

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On June 16, 1942, the '907 registration of a mark which included a diagonal stripe, lined for red, was granted to Mumm. The registered mark ('907 mark) is reproduced below:

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