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HOULIHAN v. PARLIAMENT IMPORT CO.

No. 90-1246.

921 F.2d 1258 (1990)

Michael C. HOULIHAN, Appellant, v. PARLIAMENT IMPORT COMPANY, Appellee.

United States Court of Appeals, Federal Circuit.

December 17, 1990.

Attorney(s) appearing for the Case

Hugh D. Finley, Phillips, Moore, Lempio & Finley, San Francisco, Cal., argued, for appellant. With him on the brief was Paul S. Lempio.

Stephen Meyers, Seidel, Gonda, Lavorgna & Monaco, P.C., Philadelphia, Pa., argued, for appellee. With him on the brief was Arthur H. Seidel.

Before LOURIE and RADER, Circuit Judges, and FRIEDMAN, Senior Circuit Judge.

FRIEDMAN, Senior Circuit Judge.

This is an appeal from the decision of the Trademark Trial and Appeal Board (Board) granting a concurrent use registration of a trademark. The appellant contends that the Board erroneously (1) upheld assignments of a trademark for concurrent use in contiguous domestic areas, and (2) ruled that such concurrent use would not result in likelihood of confusion. We affirm.

I.

For a number of years, Davis Bynum produced...

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