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FRICKS' FOODS, INC. v. MAR-GOLD CORPORATION

Patent Appeal No. 8195.

417 F.2d 1078 (1969)

FRICKS' FOODS, INC., Appellant, v. The MAR-GOLD CORPORATION, Appellee.

United States Court of Customs and Patent Appeals.

November 20, 1969.

Attorney(s) appearing for the Case

Stanford W. Berman, Washington, D. C., attorney of record, for appellant.

Mason, Fenwick & Lawrence, Edward G. Fenwick, Jr., Washington, D. C., for appellee.

Before RICH, Acting Chief Judge, MATTHEWS, Judge, sitting by designation, ALMOND, BALDWIN and LANE, Judges.

ALMOND, Judge.

Fricks' Foods, Inc., applicant below, appeals from the decision1 of the Trademark Trial and Appeal Board holding that appellant's mark "MARGELO"2 so resembles opposer-appellee's previously used mark "MAR-GOLD" as to be likely to cause confusion or mistake, within the purview of section 2(d) of the Trademark Act of 1946, as amended (15 U.S.C. § 1052(d)).

The record reveals that appellee...

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