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ROMAN PRODUCTS CORP. v. DiCRASTO DAIRY & FOOD PRODUCTS, INC.

No. 323, Docket 30234.

361 F.2d 599 (1966)

ROMAN PRODUCTS CORP., Plaintiff-Appellant, v. DiCRASTO DAIRY AND FOOD PRODUCTS, INC., Patsy DiCrasto et al., Defendants-Appellees.

United States Court of Appeals Second Circuit.

Decided June 3, 1966.

Attorney(s) appearing for the Case

Martin J. Loftus, Newark, N. J. (Garbarini, Scher, DeCicco & Berardino, New York City, on the brief), for plaintiff-appellant.

William L. Clay, Rochester, N. Y., for defendants-appellees.

Before FRIENDLY and HAYS, Circuit Judges, and CLARIE, District Judge.

CLARIE, District Judge.

The plaintiff-appellant is a New Jersey corporation engaged in the manufacture, sale, and distribution of frozen and refrigerated Italian foods under the trademark "Roman." This mark is claimed to have been first used August 19, 1947, and in interstate commerce since January 1948; however it was first filed in the United States Patent Office on November 1, 1954, and registered April 16, 1957.1 The plaintiff's annual...

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