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VANITY FAIR MILLS v. PEDIGREE FABRICS

Patent Appeals No. 5293.

161 F.2d 226 (1947)

VANITY FAIR MILLS, Inc. v. PEDIGREE FABRICS, Inc.

Court of Customs and Patent Appeals.

April 22, 1947.

Attorney(s) appearing for the Case

Mason, Fenwick & Lawrence, of Washington, D. C. (Edward G. Fenwick, of Washington, D. C., of counsel), for appellant.

Charles R. Allen, of Washington, D. C., for appellee.

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

BLAND, Associate Judge.

The appellee, Pedigree Fabrics, Inc., hereinafter referred to as Pedigree, on October 30, 1942, applied for the registration of its trade-mark, "Pediglo," claiming continuous use since March, 1936. The application alleges that Pedigree "has adopted and used the trade-mark * * * for Piece goods of rayon yarn." The mark for which registration was sought by appellee is the said word, "Pediglo," surrounded by a small rectangular background which...

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