Midwestern Pet Foods, Inc. v. Societe des Produits Nestle, S.A., No. 11-1482 (Fed. Cir. 2012)Annotate this Case
Nestle’s BEGGIN’ STRIPS registered mark for pet treats has been in continuous use since 1988 and has been registered since 1989. Midwestern manufactures and sells pet treats and filed an intent-to-use application with the Patent and Trademark Office, seeking to register the mark WAGGIN’ STRIPS for pet food and edible pet treats. Nestle opposed registration, arguing likelihood of confusion between the two marks. The district court ruled in favor of Nestle, finding likelihood of confusion. The Federal Circuit affirmed, finding that the district court properly admitted evidence submitted by Nestle.