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SCM Corporation v. Langis Foods Ltd.

539 F.2d 196 (1976)

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SCM Corporation v. Langis Foods Ltd.

United States Court of Appeals for the District of Columbia Circuit

539 F.2d 196 (1976)

Facts

Langis Foods Ltd. (Langis) (defendant), a Canadian corporation, applied to register three different trademarks in Canada, namely Apple Tree, Orange Tree, and Lemon Tree. SCM Corporation (plaintiff) used the Lemon Tree mark in the United States. Both Langis and SCM applied for a trademark in the United States for the Lemon Tree mark. SCM also began using the Orange Tree and Apple Tree marks in the United States and applied for trademarks for these as well. The United States Patent Office later issued a trademark to Langis for Lemon Tree. SCM subsequently filed suit to have Langis’s Lemon Tree registration canceled and the other two registrations denied. The district court canceled Langis’s Lemon Tree registration and denied the Orange Tree and Apple Tree registrations. Langis appealed.

Rule of Law

Issue

Holding and Reasoning (McGowan, J.)

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