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Wallpaper Manufacturers v. Crown Wallcovering Corp.

680 F.2d 755 (1982)

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Wallpaper Manufacturers v. Crown Wallcovering Corp.

United States Court of Customs and Patent Appeals
680 F.2d 755 (1982)

Facts

Wallpaper Manufacturers, Ltd. (Manufacturers) (respondent), a corporation of the United Kingdom, registered the trademark “Crown” for wallpaper in the United States in 1956. Crown Wallcovering Corporation (petitioner) was a New York corporation with ties to a Canadian entity. Manufacturers apparently viewed Crown Wallcovering’s trade name in the United States as an extension of its long-term Canadian operations and did not initially object to the use of the name. However, when Crown Wallcovering began to use “Crown” as a trademark, Manufacturers took action to stop the infringing use. Crown Wallcovering responded by filing a petition to cancel Manufacturers’ registration of the trademark. Crown Wallcovering alleged that it had been using its trade name and the trademark “Crown” since 1964 in connection with the sale and distribution of wallpapers and that Manufacturers had abandoned its use of “Crown” as a trademark for wallpaper. The Trademark Trial and Appeal Board (board) found that Manufacturers had abandoned the mark and granted Crown Wallcovering’s petition to cancel the registration. Manufacturers appealed.

Rule of Law

Issue

Holding and Reasoning (Nies, J.)

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