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BURTON-DIXIE CORPORATION v. RESTONIC CORPORATION

Patent Appeal No. 6185.

234 F.2d 668 (1956)

BURTON-DIXIE CORPORATION, Appellant, v. RESTONIC CORPORATION, Appellee.

United States Court of Customs and Patent Appeals.

June 20, 1956.

Attorney(s) appearing for the Case

Wilson & Geppert, Ira J. Wilson and Carl F. Geppert, Chicago, Ill., for appellant.

Hill & Hill, Roy W. Hill, and John W. Hill, Chicago, Ill. (Edwin E. Greigg, Washington, D. C., of counsel), for appellee.

Before O'CONNELL, Acting Chief Judge, and JOHNSON, WORLEY, COLE and JACKSON, retired, Judges.

JOHNSON, Judge.

This is a trade-mark opposition proceeding, brought by Burton-Dixie Corporation, owner of the trade-mark Orthoflex (or, as apparently used in advertising, Ortho-Flex), in opposition to the registration of the mark Orthotonic to the applicant, Restonic Corporation. According to stipulation, the marks are used on substantially identical goods, mattresses and box springs, which are marketed through the same channels of trade to the same classes of purchasers...

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