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PURE GOLD, INC. v. SYNTEX (U.S.A.), INC.

Appeal No. 84-729.

739 F.2d 624 (1984)

PURE GOLD, INC., Appellant, v. SYNTEX (U.S.A.), INC., Appellee.

United States Court of Appeals, Federal Circuit.

July 17, 1984.

Attorney(s) appearing for the Case

James E. Brunton, Glendale, Cal., argued for appellant. With him on the brief was John F. Smith, Washington, D.C.

G. Cabell Busick, Washington, D.C., argued for appellee. With him on the brief was Paul K. Kilmer, Washington, D.C.

Before KASHIWA, MILLER and NIES, Circuit Judges.

NIES, Circuit Judge.

This appeal is from the grant of summary judgment by the Trademark Trial and Appeal Board of the U.S. Patent and Trademark Office dismissing Opposition No. 67,633 to registration of the mark FERMODYL PURE GOLD (GOLD disclaimed) for hair treatment preparations, as shown in Application Serial No. 296,488, of Syntex (U.S.A.), Inc., based on likelihood of confusion with the mark PURE GOLD for fresh citrus fruits and juices, a mark long used and registered...

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