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ROYAL CROWN COLA COMPANY v. ESKIMO PIE CORPORATION

Patent Appeal No. 8904.

474 F.2d 1329 (1973)

ROYAL CROWN COLA COMPANY, Appellant, v. ESKIMO PIE CORPORATION, Appellee.

United States Court of Customs and Patent Appeals.

March 29, 1973.

Attorney(s) appearing for the Case

Brumbaugh, Graves, Donohue & Raymond, New York City, attys. of record, for appellant. Richard G. Fuller, Jr., Russell H. Falconer, Joseph D. Garon, New York City, of counsel.

Browne, Beveridge, DeGrandi & Kline, Washington, D. C., attys. of record, for appellee. Richard G. Kline, Francis C. Browne, Washington, D. C., of counsel.

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

PER CURIAM:

This appeal is from the decision of the Trademark Trial and Appeal Board, abstracted at 167 USPQ 293 (1970), dismissing the opposition of appellant, registrant of DIET-RITE for dietetic soft drinks and concentrates for making the same,1 to appellee's application to register ESKIMO DIET BITE for frozen desserts, namely, ice milk, in the following stylized form:2

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