CLUETT, PEABODY & CO. v. WRIGHT

No. 2578.

46 F.2d 711 (1931)

CLUETT, PEABODY & CO., Inc., v. WRIGHT.

Court of Customs and Patent Appeals.

February 11, 1931.


Attorney(s) appearing for the Case

Roberts, Cushman & Woodberry, of Boston, Mass. (Charles D. Woodberry and Richard F. Walker, both of Boston, Mass., and John J. Darby, of Washington, D. C., of counsel), for appellant.

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


BLAND, Associate Judge.

From a decision of the Commissioner of Patents, dismissing a petition for cancellation of the registration of the trade-mark "Air-O," No. 162,625, dated December 19, 1922, issued to Denver M. Wright for belts for men's and women's wear, appellant has appealed to this court.

Petitioner's petition is grounded upon the contention that appellee was not entitled to the use of his mark on the date of his application for registration for the...

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