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COOPERATIVE QUALITY MARKETING, INC. v. DEAN MILK COMPANY

Patent Appeal No. 6910.

314 F.2d 552 (1963)

COOPERATIVE QUALITY MARKETING, INC., Appellant, v. DEAN MILK COMPANY, Appellee.

United States Court of Customs and Patent Appeals.

Rehearing Denied April 18, 1963.

Attorney(s) appearing for the Case

M. R. Garstang, Washington, D. C., for appellant.

Carl S. Lloyd, Chicago, Ill., for appellee.

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

ALMOND, Judge.

Appellant, Cooperative Quality Marketing, Inc., filed application1 to register "DAIRY CHARM" in association with an illustration of a head of a cow imposed upon an inverted triangle, a representation of city buildings, and a slogan "DAIRY CHARM FROM FARMER TO CONSUMER," as a collective mark for butter. Use since May 20, 1959, is asserted, with first use in connection with the sale of butter and subsequent and present use...

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