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APPLIED RES. & DEVELOPMENT CORP. v. LILY-TULIP CUP CORP.

Patent Appeal No. 7753.

371 F.2d 895 (1967)

APPLIED RESEARCH AND DEVELOPMENT CORPORATION, Appellant, v. LILY-TULIP CUP CORPORATION, Appellee.

United States Court of Customs and Patent Appeals.

February 9, 1967.

Attorney(s) appearing for the Case

Francis D. Thomas, Jr., Washington, D. C., for appellant.

Lawrence F. Scinto, New York City, for appellee.

Before WORLEY, Chief Judge, RICH, SMITH and ALMOND, Judges, and Judge WILLIAM H. KIRKPATRICK.

WORLEY, Chief Judge.

Applied Research seeks registration of "China-Foam" for use on plastic dishes, bowls, plates and cups. Lily-Tulip opposes on its prior use and registration of "China-Cote" for paper containers and cups. The Trademark Trial and Appeal Board, one member dissenting, concluded there would be a likelihood of confusion between the competing marks and sustained the opposition, 145 USPQ 504.

From our review of the record and briefs we are inclined...

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