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SHAWNEE MILLING COMPANY v. SIDNEY WANZER & SONS, INC.

Patent Appeal No. 7926.

390 F.2d 1002 (1968)

SHAWNEE MILLING COMPANY, Appellant, v. SIDNEY WANZER & SONS, INC., d.b.a. Wanzer's, Appellee.

United States Court of Customs and Patent Appeals.

March 14, 1968.

Attorney(s) appearing for the Case

Robert G. McMorrow, Atkins, Law & McMorrow, Washington, D. C., for appellant.

Lawrence W. Brugman, Horton, Davis & McCaleb, Chicago, Ill., for appellee.

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

ALMOND, Judge.

Sidney Wanzer & Sons, trading as Wanzer's (appellee), filed application to register "SILVER SPOON" for ice cream,1 alleging use since May 22, 1963. Shawnee Milling Company (appellant) filed notice of opposition alleging use and registration of "SILVER SPOON" for wheat flour2 and asserting that the marketing of ice cream and wheat flour under the identical mark is likely to cause confusion...

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