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CREAM WIPT FOODS, INC. v. GENERAL FOODS CORPORATION

Patent Appeal No. 6561.

278 F.2d 521 (1960)

CREAM WIPT FOODS, INC., Appellant, v. GENERAL FOODS CORPORATION, Appellee.

United States Court of Customs and Patent Appeals.

May 24, 1960.

Attorney(s) appearing for the Case

Denny & Denny, Philadelphia, Pa. (Joseph G. Denny, III, Philadelphia, Pa., of counsel), for appellant.

Mack & Brown, Francis C. Browne, Washington, D. C., Frederick F. Mack (Gordon R. Brown of counsel), for appellee.

Before WORLEY, Chief Judge, and RICH, MARTIN, and SMITH, Associate Judges, and Judge WILLIAM H. KIRKPATRICK.

WORLEY, Chief Judge.

This appeal is from the decision of the Trademark Trial and Appeal Board of the United States Patent Office dismissing oppositions by appellant to two applications by appellee for registration of "Dream Whip" as a trademark for a mix for use in making puddings, sauces, and toppings, and a dessert topping mix, respectively. The oppositions were based on prior registration and use by appellant of "Cream Wipt" as a trademark for salad dressings containing...

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