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COTY, INC. v. JOSEPH DIXON CRUCIBLE CO.

Patent Appeals No. 4061.

102 F.2d 209 (1939)

COTY, Inc., v. JOSEPH DIXON CRUCIBLE CO.

Court of Customs and Patent Appeals.

February 27, 1939.

Attorney(s) appearing for the Case

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

Spencer A. Studwell, of New York City (Harry A. English, of New York City, of counsel), for appellee.

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

BLAND, Associate Judge.

Appellee, Joseph Dixon Crucible Company, on October 24, 1935, filed its application with the United States Patent Office for the registration of its trade-mark "AIR SPUN" used in interstate commerce for graphite.

The appellant, Coty, Inc., hereinafter referred to as opposer, filed a notice of opposition to the registration of appellee's said trade-mark, basing its opposition substantially on the following facts: That it is the owner...

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