TODAY’S TRADEMARK – GOLDEN FLAKE

The Golden Flake brand (originally known as Magic City Foods) was established in the 1920s by Mose Lischkoff and Frank Mosher in a Birmingham, Alabama grocery store basement. In 1963 he oversaw the acquisition of Don’s Foods, a Nashville, Tennessee-based snack producer and distributor. The GOLDEN FLAKE mark is filed in the category of Staple Food Products , Meats and Processed Food Products. Based on Golden Flake Snack Foods, Inc., the GOLDEN FLAKE trademark is used in the following business: Potato Chips, Corn Chips, Tortilla Chips, Beef Jerky, Pork Skins, Smoked Meat Sticks and Processed Peanuts , Cheese Flavored Puffed Corn Snacks, Crackers with Flavored Fillings, Pastries and Popped Popcorn .

Golden Flake, Inc., an Alabama corporation, brought suit against American Foods, Inc., a Texas corporation, and its distributor, a resident of Alabama, alleging trade-mark infringement. The District Court enjoined the use of the alleged infringing trade-mark by defendants in what was found to be the trade territory of plaintiff. There was evidence that housewives upon first seeing the name “Golden Flake” on the dinner rolls assumed that the rolls were either put out by plaintiff or were in some way associated with plaintiff or its products which they had been accustomed to buying under plaintiff’s trademark “Golden Flake”.

The GOLDEN FLAKE trademark was assigned a Serial Number #73457713 – by the United States Patent and Trademark Office (USPTO). Trademark Serial Number is a unique ID to identify the GOLDEN FLAKE mark in USPTO bearing registration number 1344289 on June 25, 1985.