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BEATRICE FOODS CO. v. BORDEN COMPANY

Patent Appeal Nos. 8448, 8449, 8393, 8394.

435 F.2d 1335 (1971)

BEATRICE FOODS CO., Appellant, v. The BORDEN COMPANY, Appellee. BEATRICE FOODS CO., Appellant, v. PAUL F. BEICH COMPANY, Appellee.

United States Court of Customs and Patent Appeals.

January 21, 1971.

Attorney(s) appearing for the Case

James R. McKnight, Chicago, Ill., attorney of record, for appellant.

Maurice T. McElligott, New York City, for appellee, The Borden Co.

Edward G. Fenwick, Jr., Washington, D.C., (Mason, Fenwick & Lawrence), Washington, D.C., for appellee, Paul F. Beich Co.

Before RICH, ALMOND, BALDWIN, LANE, Judges, and DAVIS, Judge, Court of Claims, sitting by designation.

LANE, Judge.

In these appeals Beatrice Foods Co. seeks reversal of the decisions of the Trademark Trial and Appeal Board sustaining Borden's and Beich's oppositions to appellant's applications to register POLLY DOODLES1 and DOODLEY-DOODLES,2 both for candy. We affirm the board.

Borden based its oppositions on likelihood of confusion between the marks sought...

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