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CREME LURE COMPANY v. SCHWARTZTRAUBER

Civ. No. 6-1638-C-2.

257 F.Supp. 53 (1966)

CREME LURE COMPANY, Plaintiff, v. George H. SCHWARTZTRAUBER and Georgia A. Schwartztrauber, d.b.a. Du-Dad Lure Company, Defendants.

United States District Court S. D. Iowa, Central Division.

August 29, 1966.

Attorney(s) appearing for the Case

Low & Low, Washington, D. C., Donald H. Zarley, Des Moines, Iowa, for plaintiff.

Robert B. Harmon, Washington, D. C., Rudolph L. Lowell, Des Moines, Iowa, for defendants.

MEMORANDUM AND ORDER

HANSON, District Judge.

This is a ruling on an action to set aside the decisions of the Trademark and Appeal Board in Interference No. 6,056 and Opposition No. 42,428 wherein registration of the trademark "Du-Dad" was denied to the plaintiff and granted to the defendants. This is also a ruling on the counterclaim.

The plaintiff makes the following legal contentions:

1. Plaintiff has adopted and used the marks "Du-Dad...

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