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MARTORELLI v. ATLANTIC MACARONI CO.

Patent Appeal No. 4248.

111 F.2d 494 (1940)

MARTORELLI v. ATLANTIC MACARONI CO., Inc.

Court of Customs and Patent Appeals.

May 6, 1940.

Attorney(s) appearing for the Case

Charles R. Allen, of Washington, D. C., and Howard P. King, of New York City (Jay Cohen, of New York City, of counsel), for appellant.

Vincent J. Malone, of New York City (Platt W. Dockery and John A. Bross, both of New York City, of counsel), for appellee.

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

GARRETT, Presiding Judge.

This is an appeal from the decision of the Commissioner of Patents reversing, in part, that of the Examiner of Interferences in a proceeding instituted by the Atlantic Macaroni Company, Inc., seeking to have cancelled certain trade-marks originally registered in the name of Raffaele Martorelli and by him assigned to Caruso Products Distributing Corporation.

Originally, appellee in its petition, filed November 30, 1936, sought cancellation...

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