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CHUN KING CORPORATION v. GENII PLANT LINE, INC.

Patent Appeal No. 8037.

403 F.2d 274 (1968)

The CHUN KING CORPORATION, Appellant, v. GENII PLANT LINE, INC., Appellee.

United States Court of Customs and Patent Appeals.

November 27, 1968.

Attorney(s) appearing for the Case

Keith J. Kulie, Chicago, Ill. (Spencer B. Michael, Washington, D. C., of counsel), for appellant.

John P. Scholl, Kendrick, Subkow & Stolzy, Los Angeles, Cal., for appellee.

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

ALMOND, Judge.

The Chun King Corporation appeals from the decision of the Trademark Trial and Appeal Board, 150 USPQ 705, granting cancellation of its registration of "LIVING EARTH" for packaged compost-enriched soil,1 and registration of the same mark in association with certain merely ancillary design matter for similar goods.2 The petitioner-appellee, Genii Plant...

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