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I. & B. COHEN, BOMZON & CO. v. BILTMORE INDUSTRIES

Patent Appeal No. 3811.

90 F.2d 369 (1937)

I. & B. COHEN, BOMZON & CO., Inc., v. BILTMORE INDUSTRIES, Inc.

Court of Customs and Patent Appeals.

June 21, 1937.

Attorney(s) appearing for the Case

Asher Blum, of New York City (Charles R. Allen, of Washington, D. C., of counsel), for appellant.

Arthur F. Durand, of Chicago, Ill. (Charles S. Grindle, of Washington, D. C., of counsel), for appellee.

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

HATFIELD, Associate Judge.

This is an appeal in a trade-mark cancellation proceeding from the decision of the Commissioner of Patents affirming the decision of the Examiner of Trade-Mark Interferences sustaining the petition of appellee for the cancellation of appellant's registered trade-mark "Biltmore" for use on men's worsted suits and overcoats.

The mark in question consists of the word "Biltmore" printed in script and inclosed in an ellipse. It was registered...

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