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MERRITT-TAYLOR, INC. v. C. B. SHANE CORP.

Patent Appeal No. 5872.

195 F.2d 535 (1952)

MERRITT-TAYLOR, Inc. v. C. B. SHANE CORP.

United States Court of Customs and Patent Appeals.

March 27, 1952.

Attorney(s) appearing for the Case

Milton Friedman, New York City, for appellant.

Ephraim Banning, Chicago, Ill. (John Rex Allen, Chicago, Ill., of counsel), for appellee.

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

JACKSON, Judge.

The appellant filed an application for the registration of its trade-mark "Season-Aire" on February 3, 1948, serial No. 548,664, as applied to "Ladies' Coats and Suits." First use of the trade-mark in commerce among the several states was stated in the application to be December 11, 1947. The application was examined and passed for publication pursuant to section 12(a) of the Trade-Mark Act of 1946, 15 U.S.C.A. § 1062(a), and the mark was duly...

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