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THE PEP BOYS, MANNY, MOE AND JACK v. FISHER BROS. CO.

Patent Appeals Nos. 3840, 3841.

94 F.2d 204 (1938)

THE PEP BOYS, MANNY, MOE AND JACK, v. FISHER BROS. CO. FISHER BROS. CO. v. THE PEP BOYS, MANNY, MOE AND JACK.

Court of Customs and Patent Appeals.

January 24, 1938.

Attorney(s) appearing for the Case

Clarence A. O'Brien, of Washington, D.C. (Charles E. A. Smith, Thomas E. Turpin, George C. Baldt, and Clarence R. Gorman, all of Washington, D. C., of counsel), for The Pep Boys.

Donald A. Gardiner, of Washington, D. C., and John Harrow Leonard, of Cleveland, Ohio, for Fisher Bros. Co.

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

BLAND, Associate Judge.

These are cross-appeals in a trademark opposition proceeding arising in the United States Patent Office. For convenience of statement, in view of the cross-appeals, the Fisher Brothers Company, a corporation whose application for registration is involved, will be hereinafter referred to as the applicant, while The Pep Boys, Manny, Moe, and Jack, also a corporation, will be hereinafter referred to as the opposer.

On August 18, 1934,...

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