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KRAFTCO CORPORATION v. SARGENTO CHEESE COMPANY

Patent Appeal No. 8826.

470 F.2d 1379 (1972)

KRAFTCO CORPORATION, by change of name from National Dairy Products Corporation, Appellant, v. SARGENTO CHEESE COMPANY, INC., Appellee.

United States Court of Customs and Patent Appeals.

December 29, 1972.

Attorney(s) appearing for the Case

William E. Anderson, Morgan L. Fitch, Jr., Dolores K. Hanna, Fitch, Even, Tabin in & Luedeka, Chicago, Ill., attorneys of record, for appellant.

Allan B. Wheeler, Wheeler, House & Wheeler, Milwaukee, Wis., attorneys of record, for appellee.

Before MARKEY, Chief Judge, and RICH, ALMOND, BALDWIN and LANE, Judges.

PER CURIAM.

This appeal is from the decision of the Trademark Trial and Appeal Board, result reported at 165 USPQ 633 (1970), dismissing appellant's petition to cancel appellee's registration1 of CRACKER SNACKS for cheese. Appellant relied upon its prior registration2 of CRACKER BARREL for cheese and alleged likelihood of confusion.

Having considered the decision of the board, all of the arguments presented...

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