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MACLEAY DUFF, LTD. v. FRANKFORT DISTILLERIES

Patent Appeals Nos. 4608-4610.

129 F.2d 695 (1942)

MACLEAY DUFF (DISTILLERS), Ltd., v. FRANKFORT DISTILLERIES, Inc. (three cases).

Court of Customs and Patent Appeals.

Rehearing Denied July 3, 1942.

Attorney(s) appearing for the Case

Randolph B. Cousins, of New York City (Cousins & Cousins, C. C. Cousins, and Francis E. Boyce, all of New York City, of counsel), for appellant.

Raymond J. Mawhinney, of Washington, D. C., for appellee.

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

JACKSON, Judge.

These appeals involve three trade-mark proceedings in the United States Patent Office. Appeal No. 4608 is an appeal from a decision of the Commissioner of Patents in an opposition proceeding affirming that of the Examiner of Interferences in so far as he sustained the opposition of appellee brought under the provisions of section 6 of the Trade-Mark Act of 1905, 15 U.S.C.A. § 86. The commissioner in this

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