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SUNWAY FRUIT PRODUCTS, INC. v. PRODUCTOS CASEROS, S.A.

Patent Appeal No. 7001.

318 F.2d 332 (1963)

SUNWAY FRUIT PRODUCTS, INC., Appellant, v. PRODUCTOS CASEROS, S.A., Appellee.

United States Court of Customs and Patent Appeals.

June 20, 1963.

Attorney(s) appearing for the Case

Woodson, Pattishall & Garner, Lewis S. Garner, Helen W. Nies, Chicago, Ill., for appellant.

Harry W. F. Glemser, Bacon & Thomas, Washington, D. C., for appellee.

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

WORLEY, Chief Judge.

Productos Caseros seeks to register "FRESK"1 for a flavored and colored preparation in the form of powder, capsules or tablets for use as an ingredient in making food beverages, ice pops, water ices, sherbets, and ice creams. Sunway Fruit Products, Inc. opposes on prior use and registration of its mark "FRESHIE" on a non-alcoholic, maltless flavored concentrate used in mixing alcoholic and non-alcoholic drinks.

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