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ILLINOIS WATCH CASE CO. v. SHULTON, INC.

Patent Appeals Nos. 4275, 4276.

111 F.2d 298 (1940)

ILLINOIS WATCH CASE CO. v. SHULTON, Inc. (two cases).

Court of Customs and Patent Appeals.

April 29, 1940.

Attorney(s) appearing for the Case

Ephraim Banning, of Chicago, Ill., for appellant.

Howard S. Neiman, of New York City, for appellee.

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

BLAND, Associate Judge.

Two appeals are here involved in trade-mark opposition proceedings instituted by the appellant, Illinois Watch Case Company, owner of the registered trade-mark "Elgin American," issued under the ten-year proviso of section 5 of the Trade-Mark Act of February 20, 1905, as amended, 15 U.S.C.A. § 85.

Opposition No. 16,819 was directed against the application of appellee, Shulton, Inc., to register the trade-mark "Early American" as...

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