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O-M Bread, Inc. v. United States Olympic Committee

65 F.3d 933 (1995)

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O-M Bread, Inc. v. United States Olympic Committee

United States Court of Appeals for the Federal Circuit
65 F.3d 933 (1995)

  • Written by Tammy Boggs, JD

Facts

In 1938, Roush Products Company, Inc., the successor-in-interest to O-M Bread, Inc. (together, Roush) (plaintiffs) registered the trademark OLYMPIC for bakery products, asserting first use in 1931. In 1947, Roush also used the trademark OLYMPIC MEAL on bread mix and other bakery products. In 1950 and 1978, Congress enacted statutes that granted the United States Olympic Committee (USOC) (defendant) the exclusive right to use several words, including Olympic, but allowed preexisting lawful users of the word to continue their actual use. In 1991, Roush sought to register the trademark OLYMPIC KIDS for use on bakery products based on Roush’s grandfathered rights in OLYMPIC. The USOC opposed Roush’s application, and the Trademark Trial and Appeal Board of the United States Patent and Trademark Office (the board) sustained the opposition. The board found that Roush’s right to continue using OLYMPIC for bakery products did not extend to allow the registration of OLYMPIC KIDS. Roush appealed.

Rule of Law

Issue

Holding and Reasoning (Newman, J.)

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