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GIANT FOOD, INC. v. NATION'S FOODSERVICE, INC.

Appeal No. 82-613.

710 F.2d 1565 (1983)

GIANT FOOD, INC., Appellant, v. NATION'S FOODSERVICE, INC., Appellee.

United States Court of Appeals, Federal Circuit.

June 30, 1983.

Attorney(s) appearing for the Case

Alan S. Cooper, Washington, D.C., argued for appellant. With him on brief were William W. Beckett and Aaron L. Handleman, Washington, D.C., of counsel.

Dale Power, of San Pablo, Cal., argued for appellee. Melville Owen and Lora Thielbar, San Francisco, Cal., were on brief for appellee.

Before MILLER, Circuit Judge, SKELTON, Senior Circuit Judge, and SMITH, Circuit Judge.

SKELTON, Senior Circuit Judge.

This is an appeal from the decision of the Trademark Trial and Appeal Board (TTAB) of June 16, 1982, dismissing Opposition No. 60,397; 214 USPQ 614 (TTAB 1982). The appeal is taken pursuant to § 21 of the Trademark Act of 1946, 15 U.S.C. § 1071.

Appellee, Nation's Foodservice, Inc. (applicant), seeks to register the mark GIANT HAMBURGERS and Design, shown below, for "hamburger and hot dog sandwiches, milk shakes for...

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