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ROTO-ROOTER CORPORATION v. O'NEAL

No. 74-1423.

513 F.2d 44 (1975)

ROTO-ROOTER CORPORATION and Gerald R. Abbott d/b/a Roto Rooter Sewer Service, Plaintiffs-Appellants, v. Kenneth O'NEAL et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

May 14, 1975.

Attorney(s) appearing for the Case

Paul L. De Verter, II, Houston, Tex., for Roto-Rooter.

Stewart W. Forbes, El Paso, Tex., for Gerald R. Abbott.

William J. Derrick, El Paso, Tex., Ben C. Buckingham, Des Moines, Iowa, for plaintiffs-appellants.

Dean Hester, El Paso, Tex., for defendants-appellees.

Before RIVES, GODBOLD and GEE, Circuit Judges.

GODBOLD, Circuit Judge:

Plaintiff, Roto-Rooter Corporation, an Iowa corporation was granted a federal registration in 1954 for its service mark "Roto-Rooter" for municipal, industrial and domestic sewer, drain and pipe cleaning service. The mark dates back to 1935. In 1963 it was granted registration for its design form of the same mark for the services of cleaning sewer, oil and water pipes, field and drain tile, and conduits for electrical cable. In 1965 plaintiff...

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