Opinion for the court filed by Circuit Judge BRYSON. Concurring in part and dissenting in part opinion filed by Circuit Judge DYK.
United States Court of Appeals, Federal Circuit.
BRYSON, Circuit Judge.
Midwestern Pet Foods, Inc., appeals from the decision of the Trademark Trial and Appeal Board denying registration of its mark, WAGGIN' STRIPS. Because substantial evidence supports the Board's finding of a likelihood of confusion between Midwestern's WAGGIN' STRIPS mark and the registered BEGGIN' STRIPS mark owned by Societe des Produits Nestle S.A. ("Nestle"), and because the Board committed no reversible procedural error in admitting evidence...
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