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NOAH'S, INC. v. NARK, INC.

Nos. 83-1544, 83-1610.

728 F.2d 410 (1984)

NOAH'S, INC., Appellant, v. NARK, INC., Appellee. NOAH'S, INC., Appellee, v. NARK, INC., Appellant.

United States Court of Appeals, Eighth Circuit.

Decided March 6, 1984.

Attorney(s) appearing for the Case

H. Robert Henderson, Des Moines, Iowa, for appellant.

Thomas M. Ferrill, Jr., Fort Washington, Pa., for appellee.

Before ARNOLD, JOHN R. GIBSON and BOWMAN, Circuit Judges.

PER CURIAM.

Since 1950 plaintiff Noah's, Inc. has operated a restaurant in Des Moines, Iowa under the name "Noah's Ark Ristorante." Since 1967 defendant Nark, Inc. has operated a restaurant in St. Charles, Missouri under the name "Noah's Ark." In 1969 Noah's filed an application with the Patent and Trademark Office for a territorially unrestricted registration of "Noah's Ark" as a service mark for restaurant services. Nark filed an opposition to Noah's application...

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