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GENERAL FOODS CORPORATION v. E-Z SPUDS, INC.

Patent Appeal No. 6861.

311 F.2d 580 (1963)

GENERAL FOODS CORPORATION, Appellant, v. E-Z SPUDS, INC., Appellee.

United States Court of Customs and Patent Appeals.

January 16, 1963.

Attorney(s) appearing for the Case

Gordon R. Brown, Frederick F. Mack, White Plains, N. Y., Francis C. Browne, Washington, D. C., for appellant.

John B. Hosty, Chicago, Ill., for appellee.

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

WORLEY, Chief Judge.

E-Z Spuds, Inc., seeks registration of "E-Z KRINKLES"1 as a trademark for raw potatoes which have been peeled. sliced, and preserved. General Foods Corporation opposes on prior registrations of "KRINKLE" for a food made of corn, sugar and salt,2 "SUGAR KRINKLES"3 and "SUGAR RICE KRINKLES"4 for cereal breakfast foods, and

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