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FROSTIE COMPANY v. SUN-GLO PACKERS, INC.

Patent Appeal Nos. 6908, 6920.

300 F.2d 940 (1962)

The FROSTIE COMPANY, Appellant, v. SUN-GLO PACKERS, INC., Appellee. SUN-GLO PACKERS, INC., Appellant, v. The FROSTIE COMPANY, Appellee.

United States Court of Customs and Patent Appeals.

April 11, 1962.

Attorney(s) appearing for the Case

I. William Millen, Arlington, Va., for Sun-Glo Packers, Inc.

John Gibson Semmes, Washington, D. C., for The Frostie Co.

Before WORLEY, Chief Judge, and RICH, MARTIN and SMITH, Judges.

PER CURIAM.

The Frostie Company, opposer in Opposition No. 39,606, has appealed from the decision of the Trademark Trial and Appeal Board dismissing the opposition (132 USPQ 24). Sun-Glo Packers, Inc., the applicant, subsequently appealed from the same decision of the board which also dismissed applicant's affirmative defense which set forth grounds for affirmative relief by way of cancellation of one of opposer's registered trademarks enumerated in its notice of...

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