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SAFEWAY STORES, INC. v. DUNKIRK ICE CREAM CO.

Patent Appeal No. 8661.

455 F.2d 576 (1972)

SAFEWAY STORES, INC., Appellant, v. DUNKIRK ICE CREAM CO., Inc., Appellee.

United States Court of Customs and Patent Appeals.

March 2, 1972.

Attorney(s) appearing for the Case

Milton W. Schlemmer, San Francisco, Cal., Leo A. Rosetta, Washington, D.C., Harold C. Hohbach, Jerry G. Wright, Flehr, Hohbach, Test, Albritton & Herbert, San Francisco, Cal., attorneys of record, for appellant.

Conrad Christel, Edwin T. Bean, Jr., Buffalo, N. Y., attorneys of record, for appellee.

Before RICH, ALMOND, BALDWIN, and LANE, Judges, and ROSENSTEIN, Judge, United States Customs Court, sitting by designation.

LANE, Judge.

This appeal is from the decision of the Trademark Trial and Appeal Board1 dismissing an opposition to the registration of PARTY PARADE for "frozen desserts, namely ice cream and ice cream novelties."2 We affirm the decision below.

The opposition was predicated on the grounds that the mark PARTY PARADE as applied to the described goods so resembles opposer's PARTY PRIDE for ice cream and...

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