DAWN DONUT COMPANY v. DAY

No. 71-1140.

450 F.2d 332 (1971)

DAWN DONUT COMPANY, Inc., Opposer-Appellant, v. William T. DAY, d/b/a Daylight Donut Flour Company, Applicant-Appellee.

United States Court of Appeals, Tenth Circuit.

October 13, 1971.


Attorney(s) appearing for the Case

Duncan F. Beaman, Jackson, Miss. (William S. Dorman, Tulsa, Okl. with him on the brief), for appellant.

Paul H. Johnson, Tulsa, Okl. (Head & Johnson, Tulsa, Okl. on the brief), for appellee.

Before BREITENSTEIN, HILL and BARRETT, Circuit Judges.


BREITENSTEIN, Circuit Judge.

Appellee Day sought to register trademarks and appellant Dawn Donut Company opposed the applications. The Trademark Trial and Appeal Board found no likelihood of confusion and dismissed the oppositions. The opposer appealed to the United States Court of Customs and Patent Appeals. The applicant elected to have all further proceedings in the United States District Court. See 15 U.S.C. § 1071...

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