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GAY TOYS, INC. v. McDONALD'S CORP.

No. 78-572.

585 F.2d 1067 (1978)

GAY TOYS, INC., Appellant, v. McDONALD'S CORPORATION, Appellee.

United States Court of Customs and Patent Appeals.

November 9, 1978.

Attorney(s) appearing for the Case

Robert G. Mentag, Detroit, Mich., attorney of record, for appellant.

Robert E. Browne, Robert E. Wagner, Wagner & Aubel, Chicago, Ill., attorneys of record, for appellee; Santiago Rios, Noel Kaplan, Oak Brook, Ill., of counsel.

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

MARKEY, Chief Judge.

Appeal from a decision of the Trademark Trial and Appeal Board (board), sustaining an opposition to registration of BIG MAC, application serial No. 83,968, for failure of the application to reflect use of the mark on or with the goods in commerce. We affirm.

Background

McDonald's Corporation (McDonald's) opposed registration of BIG MAC by Gay Toys, Inc. (Toys), asserting that its use on toy trucks would be likely to cause...

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