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CALIFORNIA PIECE DYE WORKS v. CALIFORNIA HAND PRINTS

Patent Appeal No. 5254.

159 F.2d 871 (1947)

CALIFORNIA PIECE DYE WORKS v. CALIFORNIA HAND PRINTS, Inc.

Court of Customs and Patent Appeals.

February 11, 1947.

Attorney(s) appearing for the Case

Irving Seidman, of New York City (Samuel Hassen, of New York City, of counsel), for appellant.

Jackson, Webster & Read, of Washington, D. C., and Wm. G. MacKay, of Washington D. C. (Chas. R. Allen, of Washington D. C., of counsel), 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, 65 U.S.P.Q. 436, affirming the action of the Examiner of Trade-Mark Interferences in sustaining appellee's petition for the cancellation of appellant's trade-mark "Color-fornia" on the ground that the mark is confusingly similar to "California Hand Prints" used as a trade-mark by appellee for table cloths, luncheon sets, towels...

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