RICE-STIX DRY GOODS CO. v. INDUSTRIAL UNDERGARMENT CORP.

Patent Appeal No. 5071.

152 F.2d 1011 (1946)

RICE-STIX DRY GOODS CO. v. INDUSTRIAL UNDERGARMENT CORPORATION.

Court of Customs and Patent Appeals.

January 7, 1946.


Attorney(s) appearing for the Case

Joseph J. Gravely and Carr & Carr & Gravely, all of St. Louis, Mo., for appellant.

A. W. Murray, of Chicago, Ill., for appellee.

Before GARRETT, Presiding Judge, and BLAND, HATFIELD, JACKSON, and O'CONNELL, Associate Judges.


O'CONNELL, Associate Judge.

This is an appeal from the decision of the Commissioner of Patents, rendered by the First Assistant, 61 USPQ 452, which affirmed the action of the Examiner of Trade-Mark Interferences sustaining an opposition to the registration of the mark "Stardom" as applied to piece goods consisting of cotton percale on the ground that under Section 5 of the Act of 1905, 15 U.S.C.A. § 85, the mark is confusingly similar to the previously registered...

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