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LIBBEY-OWENS-FORD GLASS CO. v. PLASTRON

Patent Appeals No. 5700.

183 F.2d 110 (1950)

LIBBEY-OWENS-FORD GLASS CO. v. PLASTRON, Inc.

United States Court of Customs and Patent Appeals.

June 30, 1950.

Attorney(s) appearing for the Case

Marshall, Marshall & Leonard, Toledo, Ohio (Watts T. Estabrook, Washington, D. C., and Harry K. Leonard, Toledo, Ohio, of counsel), for appellant.

Theodore W. Miller, Chicago, Ill. (Harvey L. Rabbitt, Washington, D. C., of counsel), for appellee.

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

JACKSON, Judge.

On October 15, 1945, appellee filed its application, Serial No. 489,982, to register its trade-mark "Plastron," as applied to shower curtains made from plastic film. The mark was passed for publication and appeared as such in the Official Gazette of the United States Patent Office on February 5, 1946. On March 1, 1946 appellant filed its notice of opposition to the registration of the said mark, alleging that it would be damaged by such registration...

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