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LA FAYETTE BREWERY v. ROCK ISLAND BREWING CO.

Patent Appeal No. 3735.

87 F.2d 489 (1937)

LA FAYETTE BREWERY, Inc., v. ROCK ISLAND BREWING CO.

Court of Customs and Patent Appeals.

February 8, 1937.

Attorney(s) appearing for the Case

Thomas L. Mead, Jr., of Washington, D. C. (Brenton A. Devol, of La Fayette, Ind., of counsel), for appellant.

Myron B. Stevens, of Washington, D. C., and John B. Hosty, of Chicago, Ill., for appellee.

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

GARRETT, Associate Judge.

This is a trade-mark interference proceeding in which the Commissioner of Patents affirmed the decision of the Examiner of Trade-Mark Interferences (although not concurring in all the latter's conclusions) which, in effect, awarding priority to appellee, held it entitled to the registration sought. By appeal, we are called upon to review the decision of the Commissioner.

The marks are, respectively, "Old Tavern" and "Ye Tavern," for...

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