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BAKERS FRANCHISE CORPORATION v. ROYAL CROWN COLA CO.

Patent Appeal No. 8028.

404 F.2d 985 (1969)

BAKERS FRANCHISE CORPORATION, Appellant, v. ROYAL CROWN COLA CO., Appellee.

United States Court of Customs and Patent Appeals.

January 9, 1969.

Attorney(s) appearing for the Case

Weil & Lee, Gilbert H. Weil, Alfred T. Lee, New York City, for appellant.

Brumbaugh, Free, Graves & Donohue, Kay S. Cornaby, New York City, (Richard G. Fuller, Jr., New York City, of counsel) for appellee.

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

RICH, Judge.

This appeal is from the decision of the Patent Office Trademark Trial and Appeal Board, 150 USPQ 698, sustaining appellee's opposition to the registration by appellant of RITE DIET on the Principal Register for "Low Fat Fluid Milk," application serial No. 163,213, filed February 21, 1963, claiming first use October 23, 1962.

Appellee's opposition is based on its registration and prior use of DIET-RITE for "Dietetic Soft Drinks and Concentrates...

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