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FROSTIE COMPANY v. SUN-GLO PACKERS, INC.

Patent Appeal Nos. 6908 and 6920.

315 F.2d 932 (1963)

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 25, 1963.

Attorney(s) appearing for the Case

John Gibson Semmes, Semmes & Semmes, David H. Semmes, Washington, D. C., for The Frostie Company.

I. William Millen, Toulmin & Toulmin, Washington, D. C., for Sun-Glo Packers, Inc.

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

WORLEY, Chief Judge.

An application by Sun-Glo Packers for registration of "FROSTY INN" with certain design matter1 for syrups and concentrates for making soft drinks is opposed by The Frostie Company, registrant of "FROSTIE," both alone and in association with other words and designs,2 for root beer and an extract for making same. Sun-Glo counterclaims by seeking cancellation of the Frostie Company's registration...

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