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GOLDENROD ICE CREAM CO. v. LOUISVILLE PECAN CO.

Patent Appeal No. 6824.

305 F.2d 473 (1962)

GOLDENROD ICE CREAM COMPANY, Appellant, v. LOUISVILLE PECAN COMPANY, Appellee.

United States Court of Customs and Patent Appeals.

July 18, 1962.

Attorney(s) appearing for the Case

John B. Hosty, Chicago, Ill., for appellant.

Parker & Walsh, Washington, D. C. (Raymond A. Walsh, Washington, D. C., of counsel) for appellee.

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

WORLEY, Chief Judge.

The Louisville Pecan Company seeks registration of "GOLDENROD" for use on "Shelled Pecans," alleging use since 1958. Registration is opposed by the Goldenrod Ice Cream Company which alleges use of "GOLDENROD" since 1916 on its products including packaged "butter pecan" ice cream.

The record consists of the application, the pleadings and the stipulated facts on behalf of opposer.

It appears that opposer and its predecessors have...

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