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ROYAL CROWN COLA CO. v. PURE SPRING (CANADA) LTD.

Patent Appeal No. 6894.

311 F.2d 805 (1963)

ROYAL CROWN COLA CO., Appellant, v. PURE SPRING (CANADA) LTD., Appellee.

United States Court of Customs and Patent Appeals.

January 16, 1963.

Attorney(s) appearing for the Case

Parker & Walsh, Raymond A. Walsh, Washington, D. C., for appellant.

Stevens, Davis, Miller & Mosher, Jim W. Gipple, Washington, D. C., for appellee.

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

SMITH, Judge.

The Trademark Trial and Appeal Board (131 U.S.P.Q. 206) dismissed a Notice of Opposition filed by appellant Royal Crown Cola, against appellee's application1 to register the trademark "GINI" for use on "Soft Drink Beverages". Appellant based its opposition on its prior use and registrations2 of the trademark "NEHI" for non-alcoholic, maltless beverages...

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