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HART SCHAFFNER & MARX v. EMPIRE

Patent Appeal No. 5889.

197 F.2d 558 (1952)

HART SCHAFFNER & MARX v. EMPIRE MFG. CO.

United States Court of Customs and Patent Appeals.

June 24, 1952.

Attorney(s) appearing for the Case

Rogers & Woodson, William T. Woodson, Beverly W. Pattishall, Chicago, Ill., Jewett, Mead, Browne & Schuyler, Thomas L. Mead, Jr., and Francis C. Browne, Washington, D. C., for appellant.

Charles R. Allen, Washington, D. C. (Charles R. Allen, Jr., Washington, D. C., of counsel), for appellee.

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

WORLEY, Judge.

This is an appeal in a trade mark opposition proceeding from the decision of the Commissioner of Patents, 88 USPQ 287, reversing the decision of the Examiner of Interferences which sustained the contention of opposer that the marks "Dixie Weave" and "Dixie Leader" are confusingly similar.

This proceeding is governed by the provisions of the Lanham Act (Trade-Mark Act of 1946), specifically section 2(d), 15 U.S. C.A. § 1052(d), relating...

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