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E-Z MILLS, INC. v. MARTIN BROS. CO.

Patent Appeal No. 3920.

95 F.2d 269 (1938)

E-Z MILLS, Inc., v. MARTIN BROS. CO.

Court of Customs and Patent Appeals.

March 28, 1938.

Attorney(s) appearing for the Case

Joseph W. Milburn, of Washington, D. C. (John A. Griesbauer, of Washington, D. C., of counsel), for appellant.

F. C. Caswell, of Minneapolis, Minn., for appellee.

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

LENROOT, Associate Judge.

This is a trade-mark cancellation proceeding under the Trade-mark Act of February 20, 1905, as amended, 15 U.S.C.A. §§ 81-109, wherein the Commissioner of Patents reversed a decision of the Examiner of Trade-mark Interferences which sustained appellant's petition for the cancellation of appellee's mark "Klad-ezee," printed in script in the arc of a circle. The Examiner sustained appellant's petition under the rule of res adjudicata...

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