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RECOT, INC. v. BECTON

No. 99-1291.

214 F.3d 1322 (2000)

RECOT, INC., Appellant, v. M.C. BECTON, Appellee.

United States Court of Appeals, Federal Circuit.

June 7, 2000.

Attorney(s) appearing for the Case

Robert D. Litowitz, Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P., of Washington, DC, argued for appellant. On the brief were Laurence R. Hefter, Julia Anne Matheson, and Monica A. Riva.

Mark H. Elovitz, Elovitz Law Group, of Birmingham, Alabama, argued for appellee.

Before MICHEL, CLEVENGER, and RADER, Circuit Judges.

CLEVENGER, Circuit Judge.

Recot, Inc. ("Recot") opposes the application of M.C. Becton ("Becton") to register the mark FIDO LAY for natural agricultural products, namely edible dog treats. The Trademark Trial and Appeal Board ("Board") dismissed the opposition on the ground that there was no likelihood that consumers would confuse FIDO LAY with Recot's FRITO-LAY marks. See Recot, Inc. v. Becton, Opposition No. 96,518, 50 U.S.P.Q.2d 1439, 1444 (TTAB Dec. 4,...

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