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In re Dr. Pepper Co.
United States Court of Appeals for the Federal Circuit
836 F.2d 508 (1987)
Dr. Pepper Company (plaintiff) attempted to register the mark “Pepper Man” as a service mark in connection with a marketing campaign. Customers who had large quantities of Dr. Pepper soda in their houses had the chance to win prizes. The examining attorney at the Patent and Trademark Office rejected the application, because Pepper Man was not a service mark contemplated by trademark law, which requires that services be separate from goods. The Trademark Trial and Appeal Board upheld the decision, and Dr. Pepper appealed to the United States Court of Appeals for the Federal Circuit.
Rule of Law
Holding and Reasoning (Nies, J.)
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