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DUNKIN' DONUTS OF AM. v. METALLURGICAL EXOPRODUCTS

No. 87-1649.

840 F.2d 917 (1988)

DUNKIN' DONUTS OF AMERICA, INC., Appellant, v. METALLURGICAL EXOPRODUCTS CORPORATION, Appellee.

United States Court of Appeals, Federal Circuit.

March 8, 1988.

Attorney(s) appearing for the Case

Donald A. Kaul, Brownstein Zeidman and Schomer, Washington, D.C., for appellant.

John M. Webb, Webb, Burden, Robinson & Webb, P.A., Pittsburgh, Pa., for appellee.

Before BISSELL and ARCHER, Circuit Judges, and NICHOLS, Senior Circuit Judge.

BISSELL, Circuit Judge.

Dunkin' Donuts of America, Inc. (DDA) appeals the decision of the Patent and Trademark Office Trademark Trial and Appeal Board (Board), Dunkin' Donuts of America, Inc. v. Metallurgical Exoproducts Corp., Opposition No. 69,533 (June 16, 1987), granting Metallurgical Exoproducts Corporation's (MEC) motion for summary judgment. We vacate and remand.

BACKGROUND

MEC applied to register the mark DUNKING DONUT as a trademark...

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