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COCA-COLA COMPANY v. CLAY

Patent Appeal No. 7023.

324 F.2d 198 (1963)

The COCA-COLA COMPANY, Appellant, v. William C. CLAY, Jr., Appellee.

United States Court of Customs and Patent Appeals.

November 14, 1963.

Attorney(s) appearing for the Case

Julius R. Lunsford, Jr., Atlanta, Ga. (Francis C. Browne, Browne, Schuyler & Beveridge, Washington, D. C., of counsel), for appellant.

Arthur H. Seidel, Philadelphia, Pa. (Edward C. Gonda, Philadelphia, Pa., of counsel), for appellee.

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

SMITH, Judge.

The determinative issue presented by this appeal is whether appellee's registered mark "Cup-O'-Cola,"1 when used on "cola flavored soft drink concentrate powders," so resembles appellant's registered marks "Coca-Cola"2 and "Coke,"3 for "beverages and syrups for the manufacture of such beverages," as to be likely to cause confusion or mistake or to deceive purchasers...

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