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STOCK POT RESTAURANT, INC. v. STOCKPOT, INC.

Appeal No. 84-681.

737 F.2d 1576 (1984)

STOCK POT RESTAURANT, INC., Appellant, v. STOCKPOT, INC., Appellee.

United States Court of Appeals, Federal Circuit.

July 9, 1984.

Attorney(s) appearing for the Case

Ernest S. Kettelson, Joliet, Ill., argued for appellant.

Mary Helen Gallagher, Washington, D.C., argued for appellee. With her on the brief was John Vanderstar, Washington, D.C.

Before FRIEDMAN and DAVIS, Circuit Judges, and SKELTON, Senior Circuit Judge.

DAVIS, Circuit Judge.

Stock Pot Restaurant, Inc. appeals from a decision of the Trademark Trial and Appeal Board (Board or TTAB), granting the petition (Cancellation No. 13,157) of appellee Stockpot, Inc. to cancel two of appellant's registrations of "STOCK POT" for restaurant services (Registration Nos. 1,116,226 and 1,117,942). 220 USPQ 52 (1983). The ground of the cancellation was that appellee's continued use of that mark for restaurant service was prior to appellant...

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