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APOLLO SHIRT CO. v. ENRO SHIRT CO.

Patent Appeals No. 5374.

165 F.2d 471 (1948)

APOLLO SHIRT CO. v. ENRO SHIRT CO., Inc.

Court of Customs and Patent Appeals.

January 6, 1948.

Attorney(s) appearing for the Case

Mock & Blum, of New York City (Asher Blum, of New York City, and Charles R. Allen, of Washington, D. C., of counsel), for appellant.

Edward A. Brand, of Washington, D. C., for appellee.

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

JACKSON, Associate Judge.

This is an appeal, in a trade-mark cancellation proceeding, from a decision of the Commissioner of Patents, 69 U.S.P.Q. 444, affirming that of the Examiner of Interferences dismissing appellant's petition to cancel the registration of appellee's mark, "Sportster" dated June 15, 1926 on an application filed April 1, 1925, claiming use of the mark since August 1924 on the ground that the said mark...

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