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CASTLE & COOKE, INC. v. OULEVAY, S. A.

Patent Appeal No. 7697.

370 F.2d 359 (1967)

CASTLE & COOKE, INC. (Assignee of Dole Corporation), Appellant, v. OULEVAY, S. A., Appellee.

United States Court of Customs and Patent Appeals.

January 5, 1967.

Attorney(s) appearing for the Case

William G. MacKay, San Francisco, Cal. (Charles R. Allen, Jr., Washington, D. C., of counsel) for appellant.

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

WORLEY, Chief Judge.

Oulevay seeks registration of "Farandole,"1 based on its Swiss registration, for use on "biscuits, wafers, prepared pastries, gelatin desserts, and pastry mix."

Castle & Cooke, Inc. oppose on prior use and registration of the mark "Dole" for canned and frozen fruits, canned fruit juices, canned vegetables and vegetable juices, and canned pie filling.

In dismissing the opposition, the board held...

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