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IPPOLITO v. NANCY ANN DRESSED DOLLS

Patent Appeals No. 5724.

181 F.2d 254 (1950)

IPPOLITO v. NANCY ANN DRESSED DOLLS.

United States Court of Customs and Patent Appeals.

April 3, 1950.

Attorney(s) appearing for the Case

J. Calvin Brown, Los Angeles, Cal., and Lee L. Townshend, Washington, D. C., for appellant.

Hugh N. Orr, San Francisco, Cal., for appellee.

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

JACKSON, Judge.

On February 18, 1946, appellant filed an application pursuant to the Trade-Mark Act of February 20, 1905, 33 Stat. 724, to register the trade-mark "Garden Lady" as applied to dolls and dolls' clothes. It was alleged that the mark had been continuously used since February 10, 1943.

The application was passed for publication and appeared in the Official Gazette of May 21, 1946.

On June 19th of that year appellee filed its notice of opposition...

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