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SEVEN-UP COMPANY v. TROPICANA PRODUCTS, INC.

Patent Appeal No. 7581.

356 F.2d 567 (1966)

The SEVEN-UP COMPANY v. TROPICANA PRODUCTS, INC.

United States Court of Customs and Patent Appeals.

March 3, 1966.

Attorney(s) appearing for the Case

Lewis S. Garner, Beverly W. Pattishall, Helen W. Nies, Chicago, Ill., for appellant.

C. Willard Hayes, Washington, D. C. (Cushman, Darby & Cushman, Washington, D. C., of counsel), for appellee.

Before RICH, Acting Chief Judge, and MARTIN, SMITH, and ALMOND, Judges, and Judge WILLIAM H. KIRKPATRICK.

KIRKPATRICK, Judge.

This is an appeal from the decision of the Trademark Trial and Appeal Board dismissing an opposition to Tropicana Products, Inc.'s application to register the mark "SUN-UP" for orange concentrate used in the preparation of uncarbonated orange drink. The product is sold mainly to dairies and distributed through dairy route men to householders and grocery stores. The opposer is the Seven-Up Company, the...

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