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MORTON MFG. CORPORATION v. DELLAND CORPORATION

Patent Appeal No. 5382.

166 F.2d 191 (1948)

MORTON MFG. CORPORATION v. DELLAND CORPORATION.

Court of Customs and Patent Appeals.

February 10, 1948.

Attorney(s) appearing for the Case

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

Baer & Marks, of New York City (Donald Marks and George H. Klein, both of New York City, of counsel), for appellee.

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

HATFIELD, Associate Judge.

This is an appeal in a trade-mark opposition proceeding from the decision of the Commissioner of Patents, 69 U.S.P.Q. 616, affirming the decision of the Examiner of Interferences dismissing appellant's opposition to the registration of appellee's trade-mark under the Trade-Mark Act of February 20, 1905, 15 U.S.C.A. § 81 et seq. The issue in the case involves the confusion in trade clause of...

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