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OKL. BEVERAGE CO. v. DR. PEPPER LOVE BOTTLING CO.

No. 76-1233.

565 F.2d 629 (1977)

OKLAHOMA BEVERAGE COMPANY, Appellee, v. DR. PEPPER LOVE BOTTLING COMPANY (OF MUSKOGEE), a Partnership consisting of K. C. Love, Sr. and Violet Mills Love, of Muskogee, Oklahoma, Dr. Pepper Love Bottling Company (of Bartlesville), a Partnership consisting of John H. Love, Delia Love, and Kenneth Love, of Bartlesville, Oklahoma, John H. Love, an Individual residing in Bartlesville, Oklahoma, K. C. Love, Sr., an Individual residing in Muskogee, Oklahoma, and Violet Mills Love, an Individual residing in Muskogee, Oklahoma, Appellants.

United States Court of Appeals, Tenth Circuit.

Decided June 3, 1977.

Rehearing Denied August 1, 1977.

Attorney(s) appearing for the Case

James R. Head, Tulsa, Okl. (Charles P. Gotwals, Jr., Tulsa, Okl., with him, on the brief), for appellants.

Jerry J. Dunlap, Dunlap, Codding & McCarthy, Oklahoma City, Okl. (Jerry J. Dunlap, II, Oklahoma City, Okl., with him, on the brief), for appellee.

Before LEWIS, Chief Judge, and SETH and BARRETT, Circuit Judges.

SETH, Circuit Judge.

This declaratory judgment was sought to determine the ownership, as between two beverage bottling companies, of a trademark consisting of the word "Love" in script form concentric with a heart.

In 1919, two brothers, J. H. Love and K. C. Love, formed a soft drink bottling partnership in Oklahoma using the trademark of "Love" Beverages. They dissolved the partnership in 1928, and J. H. Love formed a new soft drink business (a partnership...

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