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J. P. HEILBRONN CO. v. HAMMERMILL PAPER CO.

Patent Appeal No. 2720.

48 F.2d 963 (1931)

J. P. HEILBRONN CO. v. HAMMERMILL PAPER CO.

Court of Customs and Patent Appeals.

April 29, 1931.

Attorney(s) appearing for the Case

Warner I. Cubberley, of Washington, D. C., for appellant.

Merrell E. Clark, of New York City, for appellee.

Before GRAHAM, Presiding Judge, and BLAND, HATFIELD, GARRETT, and LENROOT, Associate Judges.

BLAND, Associate Judge.

This appeal involves a petition for the cancellation of appellee's trade-mark. The petition was dismissed by the Examiner of Interferences, and his decision was affirmed by the Commissioner of Patents, and from the latter's decision this appeal is taken.

The Hammermill Paper Company of Erie, Pa., hereafter called Hammermill, on March 31, 1925, registered the trade-mark "Luna" for bond writing paper. The date of the first use of this...

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