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ASSOCIATED PARTS v. LIBERTY FOUNDRIES CO.

Patent Appeal No. 3304.

70 F.2d 908 (1934)

ASSOCIATED PARTS, Inc., v. LIBERTY FOUNDRIES CO.

Court of Customs and Patent Appeals.

May 31, 1934.

Attorney(s) appearing for the Case

Geo. E. Kirk, and Tracy, Chapman & Welles, all of Toledo, Ohio (Holland S. Duell, of New York City, of counsel), for appellant.

Wilson, Dowell, McCanna & Rehm, of Chicago, Ill. (John F. McCanna, of Chicago, Ill., and Charles R. Allen, of Washington, D. C., of counsel), for appellee.

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

LENROOT, Associate Judge.

This is an appeal in an opposition proceeding from a decision of the Commissioner of Patents, sustaining the opposition of appellee to the registration of appellant's mark and holding that appellant is not entitled to register said mark.

The mark applied for by appellant consists of the notation "Red Head," and is used in connection with and applied to automobile heaters utilizing hot fluids...

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