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DUFFY-MOTT COMPANY v. CUMBERLAND PACKING COMPANY

Patent Appeal No. 8253.

424 F.2d 1095 (1970)

DUFFY-MOTT COMPANY, Inc., Appellant, v. CUMBERLAND PACKING COMPANY, Appellee.

United States Court of Customs and Patent Appeals.

April 30, 1970.

Attorney(s) appearing for the Case

Sandoe, Neill, Schottler & Wikstrom, New York City, attorneys of record, for appellant. Nichol M. Sandoe, New York City, of counsel.

Alex Friedman, New York City, for appellee. Harold D. Steinberg, Steinberg & Blake, Blum, Moscovitz, Friedman, Blum & Kaplan, New York City, of counsel.

Before RICH, Acting Chief Judge, ALMOND, BALDWIN and LANE, Judges, and McMANUS, Chief Judge, Northern District of Iowa, sitting by designation.

RICH, Acting Chief Judge.

Opposer appeals from the decision of the Patent Office Trademark Trial and Appeal Board, 154 USPQ 498, dismissing two oppositions1 to the registration of two versions of the trademark "Sweet `N Low" for "low calorie sugar substitute." One version2 is merely the word-mark and the other version3 is the word-mark superposed on a background consisting of a...

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