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OLDE TYME FOODS, INC. v. ROUNDY'S, INC.

91-1226.

961 F.2d 200 (1992)

OLDE TYME FOODS, INC., Appellant, v. ROUNDY'S, INC., Appellee.

United States Court of Appeals, Federal Circuit.

April 17, 1992.

Attorney(s) appearing for the Case

Paul V. Storm, of Richards, Medlock & Andrews, Dallas, Tex., argued for appellant. With him on the brief were V. Bryan Medlock, Jr. and Charles S. Cotropia.

C. Thomas Sylke, of Whyte & Hirschboeck, Milwaukee, Wis., argued for appellee. With him on the brief was Kenneth R. Nowakowski.

Before NEWMAN, ARCHER and MICHEL, Circuit Judges.

MICHEL, Circuit Judge.

Olde Tyme Foods, Inc. ("OTF") appeals the United States Patent and Trademark Office Trademark Trial and Appeal Board's ("TTAB" or "Board") grant of summary judgment to Roundy's, Inc., resulting in cancellation of OTF's registration for the trademark YE OLDE TYME. Roundy's, Inc. v. Olde Tyme Foods, Inc., Cancellation No. 17,277 (Jan. 9, 1991). Because the Board erroneously drew factual inferences in favor of Roundy's, the summary judgment...

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