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SCM CORP. v. LANGIS FOODS LTD.

No. 74-1841.

539 F.2d 196 (1976)

SCM CORPORATION v. LANGIS FOODS LTD., Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided June 23, 1976.

As Amended November 12, 1976.

Attorney(s) appearing for the Case

Francis W. Guay, Washington, D. C., with whom Edward S. Irons, Washington, D. C., was on the brief, for appellant.

George Gottlieb, New York City, with whom Donald L. Dennison, Arlington, Va., was on the brief, for appellee. Michael I. Rackman, New York City, also entered an appearance for appellee.

Richard G. Kline, Washington, D. C., with whom Lawrence E. Carr, Jr., Douglas B. Henderson and Edward T. Colbert, Washington, D. C., were on the brief, for The Bar Ass'n of the District of Columbia as amicus curiae.

Before McGOWAN, TAMM and ROBB, Circuit Judges.

Opinion for the court by Circuit Judge McGOWAN.

McGOWAN, Circuit Judge:

This case presents the issue whether a corporate foreign national, which has applied for a trademark registration in its home country, has priority in registering that trademark in the United States over a domestic corporation when: (1) the foreign national filed a trademark application in its home country without prior use of the trademark in any country; (2) the foreign national subsequently...

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