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TIDY-HOUSE PAPER PRODUCTS v. TIDY HOUSE PROD. CO.

Patent Appeals Nos. 5765, 5768.

189 F.2d 280 (1951)

TIDY-HOUSE PAPER PRODUCTS, Inc. v. TIDY HOUSE PRODUCTS CO. (IOWA). TIDY HOUSE PRODUCTS CO. (IOWA) v. TIDY-HOUSE PAPER PRODUCTS, Inc.

United States Court of Customs and Patent Appeals.

May 8, 1951.

Attorney(s) appearing for the Case

Emanuel R. Posnack, New York City (Abraham J. Nydick, New York City, and Almon S. Nelson, Washington, D. C., of counsel), for Tidy-House Paper Products, Inc.

Bair, Freeman & Molinare, Chicago, Ill. (Rogers & Woodson, Chicago, Ill., Smith, Michael & Gardiner, Washington, D. C., W. M. Van Sciver, W. T. Woodson, Chicago, Ill., and Spencer B. Michael, Washington, D. C., of counsel), for Tidy House Products Co. [Iowa], (Tidy House Products Co., Nebraska, Substituted.)

Before GARRETT, C. J., and JACKSON, O'CONNELL, JOHNSON, and WORLEY, JJ.

WORLEY, Judge.

These are two appeals from the decisions of the Commissioner of Patents in trademark opposition proceedings, 80 U.S.P.Q. 526 and 80 U.S.P.Q. 527, respectively. Both proceedings were based upon the same record and exhibits and while two decisions were given and separate briefs have been filed here, we will dispose of the appeals in a single opinion.

Appeal No. 5765.

In this case, appellant-applicant, Tidy-House Paper Products, Incorporated...

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