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IN RE DIXIE RESTAURANTS, INC.

No. 96-1129.

105 F.3d 1405 (1997)

In re DIXIE RESTAURANTS, INC.

United States Court of Appeals, Federal Circuit.

January 27, 1997.

Attorney(s) appearing for the Case

Gary N. Speed, P.A., Little Rock, AR, argued, for appellant. Of counsel was Kathryn Bennett Perkins, Rose Law Firm.

Nancy C. Slutter, Associate Solicitor, Patent and Trademark Office, Arlington, VA, argued, for the Commissioner. With her on the brief were Nancy J. Linck, Solicitor, and Albin F. Drost, Deputy Solicitor.

Before MAYER, LOURIE and CLEVENGER, Circuit Judges.

MAYER, Circuit Judge.

Dixie Restaurants, Inc. appeals the decision of the United States Patent and Trademark Office Trademark Trial and Appeal Board, Serial No. 74/353,021 (Oct. 5, 1995), affirming the trademark examining attorney's refusal to register the mark THE DELTA CAFE and design for "restaurant services specializing in Southern-style cuisine" because it was likely to cause confusion with the registered mark DELTA for hotel, motel, and restaurant services....

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