Weiner King, Inc. v. Wiener King Corp.
United States Court of Customs and Patent Appeals
615 F.2d 512 (1980)
Weiner King, Inc. (WKI) (plaintiff) opened a restaurant in New Jersey under that name before incorporating in 1967. WKI went on to open two more restaurants before applying for federal registration of the trademark “Weiner King” in 1975. Wiener King Corp. (WKC) (defendant) began using the mark “Wiener King” for its restaurants in 1970 in North Carolina. WKC did not have any actual or constructive knowledge of WKI’s use of the mark. WKC opened 10 more restaurants and then obtained three federal registrations for the trademark “Wiener King” in 1972. WKC did not learn of WKI’s use of the similar mark until late 1972 and continued to expand. When WKI applied for its trademark registration in 1975, WKI argued that it had first begun using the mark “Weiner King” in 1962 and was seeking a territorially unrestricted use of the mark. The Trademark Trial and Appeal Board (TTAB) found that WKI would only have concurrent registration of the mark in a 15-mile radius of its restaurants in Flemington, New Jersey. The TTAB determined that WKI would not be able to have concurrent use for its restaurant on Long Beach Island, New Jersey because WKI had abandoned that location. WKI appealed this decision.
Rule of Law
Holding and Reasoning (Rich, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 175,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.