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MEAD JOHNSON & COMPANY v. LEVER BROTHERS COMPANY

Patent Appeal No. 8168.

411 F.2d 1331 (1969)

MEAD JOHNSON & COMPANY, Appellant, v. LEVER BROTHERS COMPANY, Appellee.

United States Court of Customs and Patent Appeals.

June 26, 1969.

Attorney(s) appearing for the Case

Pattishall, McAuliffe & Hofstetter, W. Thomas Hofstetter, Chicago, Ill., Helen W. Nies, Washington, D. C., attorneys of record for appellant, John T. Lanahan, Evansville, Ind., of counsel.

Spencer A. Studwell, New York City, for appellee.

Before RICH, Acting Chief Judge, HOLTZOFF and McLAUGHLIN, Judges, sitting by designation, and ALMOND and BALDWIN, Judges.

BALDWIN, Judge.

This appeal is from the Trademark Trial and Appeal Board decision1 dismissing an opposition to the application2 of appellee, Lever Brothers Company, to register the trademark MAGI-CAL for goods described as "margarine." Appellant, Mead Johnson & Company, opposed on the ground of likelihood of confusion, based upon its registered trademark METRECAL3 for goods...

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