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KEEBLER CO. v. MURRAY BAKERY PRODUCTS

No. 88-1537.

866 F.2d 1386 (1989)

KEEBLER COMPANY, Appellant, v. MURRAY BAKERY PRODUCTS, Appellee.

United States Court of Appeals, Federal Circuit.

January 25, 1989.

Attorney(s) appearing for the Case

Richard A. Zachar, Pope, Ballard, Shepard & Fowle, Ltd., Chicago, Ill., argued for appellant. With him on the brief was Joanne Spatz, Keebler Company, Elmhurst, Ill.

Laurence R. Hefter, Finnegan, Henderson, Farabow, Garrett & Dunner, Washington, D.C., argued for appellee. With him on the brief was Saul Lefkowitz.

Before MARKEY, Chief Judge, and FRIEDMAN and SMITH, Circuit Judges.

MARKEY, Chief Judge.

Appeal from a decision of the Patent and Trademark Office Trademark Trial and Appeal Board (board) dismissing Opposition No. 76,365 of Keebler Company (Keebler), owner of Registration No. 648,660 on PECAN SANDIES for use on cookies, to registration of PECAN SHORTEES for use on cookies by Murray Bakery Products (Murray). We affirm.

BACKGROUND

In its Notice of Opposition, Keebler raised the sole issue of whether contemporaneous...

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