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LANDON P. SMITH, INC. v. B. T. BABBITT, INC.

No. 5615.

175 F.2d 590 (1949)

LANDON P. SMITH, Inc. v. B. T. BABBITT, Inc.

United States Court of Customs and Patent Appeals.

June 28, 1949.

Attorney(s) appearing for the Case

Walter C. Ross, Springfield, Mass. (William L. Edmonston, Washington, D. C. of counsel), for appellant.

Emery, Varney, Whittemore & Dix, New York City (Manvel Whittemore, New York City Charles F. Miller, Jr., and Edmund H. Parry, Jr., Washington, D. C. of counsel), for appellee.

Before GARRETT, Chief Judge, and JACKSON, O'CONNELL, and JOHNSON, Judges.

O'CONNELL, Judge.

This is an appeal in a trade-mark opposition proceeding from the decision of the Commissioner of Patents, 75 U.S.P.Q. 143, affirming the decision of the Examiner of Interferences sustaining appellee's notice of opposition to the registration of the term "Red Devil" as a trademark "for Bodies of Intermingled Metallic Ribbon-Like Abrasive Elements for Hand use for Cleaning and Scouring Metallic and Other Surfaces" which include a metal body, copper...

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