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OPRYLAND USA v. GREAT AMERICAN MUSIC SHOW

No. 91-1179.

970 F.2d 847 (1992)

OPRYLAND USA INC., Appellant, v. The GREAT AMERICAN MUSIC SHOW, INC., Appellee.

United States Court of Appeals, Federal Circuit.

Rehearing Denied August 25, 1992.

Attorney(s) appearing for the Case

L. Lawton Rogers, III, Rogers & Killeen, Alexandria, Va., argued for appellant. With him on the brief was Joseph M. Killeen.

Norman H. Zivin, Cooper & Dunham, New York City, argued for appellee. With him on the brief was Donna A. Tobin.

Before NEWMAN, Circuit Judge, BENNETT, Senior Circuit Judge, and CLEVENGER, Circuit Judge.

PAULINE NEWMAN, Circuit Judge.

Opryland USA Inc. appeals the summary judgment of the Trademark Trial and Appeal Board of the United States Patent and Trademark Office, denying cancellation of The Great American Music Show, Inc.'s registration of the service mark THE CAROLINA OPRY. Opryland also appeals the Board's summary judgment dismissing Opryland's opposition to registration of the service mark CALVIN GILMORE PRESENTS THE CAROLINA OPRY.1

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