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REAL FOODS PTY LTD. v. FRITO-LAY NORTH AMERICA

2017-1959, 2017-2009.

906 F.3d 965 (2018)

REAL FOODS PTY LTD., Appellant, v. FRITO-LAY NORTH AMERICA, INC., Cross-Appellant.

United States Court of Appeals, Federal Circuit.

Public Opinion Issued: October 4, 2018.

Attorney(s) appearing for the Case

JEANNE M. HAMBURG , Norris, McLaughlin & Marcus, PA, New York, NY, argued for appellant. Also represented by STEPHANIE SPANGLER ; KELLY WATKINS , Allentown, PA.

WILLIAM G. BARBER , Pirkey Barber LLP, Austin, TX, argued for cross-appellant. Also represented by TYSON DAVID SMITH , DAVID ARMENDARIZ .

Before Wallach, Linn, and Hughes, Circuit Judges.

Appellant Real Foods Pty Ltd. ("Real Foods") sought registration of two marks: "CORN THINS," for "crispbread slices predominantly of corn, namely popped corn cakes"; and "RICE THINS," for "crispbread slices primarily made of rice, namely rice cakes." J.A. 279 (emphasis omitted). Cross-Appellant Frito-Lay North America, Inc...

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