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JOHN LECROY & SON, INC. v. LANGIS FOODS, LTD.

Civ. A. No. 1353-73.

376 F.Supp. 962 (1974)

JOHN LECROY & SON, INC., Plaintiff, v. LANGIS FOODS, LTD., Defendant.

United States District Court, District of Columbia.

May 29, 1974.

Attorney(s) appearing for the Case

George Gottlieb, New York City, Donald L. Dennison, for plaintiff.

Francis W. Guay, Washington, D. C., for defendant.

OPINION

HART, Chief Judge:

This case arises on plaintiff's motion for summary judgment, and appears to be a case of first impression concerning the interpretation of § 44(d) of the Trade Mark Act of 1946 in the context of an inter partes proceeding.

The defendant, Langis Foods Limited ("Langis"), is a Canadian corporation organized under the laws of British Columbia. Langis filed applications in Canada to register the trademarks APPLE...

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