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STEPHEN F. WHITMAN & SON v. CHRISTY COSMETICS

Patent Appeals Nos. 4829, 4831.

140 F.2d 1001 (1944)

STEPHEN F. WHITMAN & SON, Inc., v. CHRISTY COSMETICS, Inc. CHRISTY COSMETICS, Inc., v. STEPHEN F. WHITMAN & SON, Inc.

Court of Customs and Patent Appeals.

February 7, 1944.

Attorney(s) appearing for the Case

Mason, Fenwick & Lawrence, of Washington, D. C. (Edward G. Fenwick, of Washington, D. C., of counsel), for Stephen F. Whitman & Son, Inc.

Joseph J. Juhass, of New York City, for Christy Cosmetics, Inc.

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

HATFIELD, Associate Judge.

These are cross-appeals in a trade-mark opposition proceeding from the decision of the Commissioner of Patents affirming the decision of the Examiner of Interferences dismissing the notice of opposition of appellant, Stephen F. Whitman & Son, Inc., but reversing the examiner's decision so far as it held that Christy Cosmetics, Inc., was entitled to the registration of its alleged trade-mark "Sampler" for use on lipsticks.

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