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JACOBS v. INTERNATIONAL MULTIFOODS CORP.

Appeal No. 81-580.

668 F.2d 1234 (1982)

Gerald JACOBS d/b/a Boston Tea Company, Appellant, v. INTERNATIONAL MULTIFOODS CORPORATION, Appellee.

United States Court of Customs and Patent Appeals.

January 21, 1982.

Attorney(s) appearing for the Case

Paul Fields, New York City, for appellant.

Alan G. Carlson, Douglas A. Strawbridge, and Steven A. Wells, Minneapolis, Minn., for appellee.

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

RICH, Judge.

This appeal is from the decision of the United States Patent and Trademark Office, Trademark Trial and Appeal Board (board), 211 USPQ 165 (TTAB 1981), dismissing appellant's opposition No. 58,388, filed June 7, 1977, to registration by appellee of the service marks BOSTON SEA PARTY and BOSTON SEA PARTY with design on the principal register, application serial Nos. 62,729 and 71,871 filed September 11, 1975, and December 15, 1975, respectively, alleging...

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