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SLEEPMASTER PRODUCTS CO. v. AMERICAN AUTO-FELT CORP.

Patent Appeal No. 6228.

241 F.2d 738 (1957)

SLEEPMASTER PRODUCTS COMPANY, Inc., Appellant, v. AMERICAN AUTO-FELT CORPORATION, Appellee.

United States Court of Customs and Patent Appeals.

February 21, 1957.

Attorney(s) appearing for the Case

Beekman Aitken, New York City (G. Cabell Busick, Washington, D. C., of counsel), for appellant.

Oscar W. Giese, Washington, D. C. (Peter P. Price, Grand Rapids, Mich., of counsel), for appellee.

Before JOHNSON, Chief Judge, and O'CONNELL, WORLEY, RICH, and JACKSON (retired), Judges.

JOHNSON, Chief Judge.

This is an appeal in a cancellation proceeding from the decision of the Commissioner of Patents, 104 U.S.P.Q. 35, reversing the decision of the Examiner of Interferences and holding appellant's right to seek cancellation of appellee's registered trademarks "RestMaster," "DreamMaster" and "HealthMaster," applied to mattresses, to be barred by the equitable defense of laches.

Appellant originally, both before the Examiner of Interferences...

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