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JOHN WALKER & SONS v. MODERN SHOE CO.

Patent Appeal No. 6061.

213 F.2d 322 (1954)

JOHN WALKER & SONS, Limited v. MODERN SHOE CO.

United States Court of Customs and Patent Appeals.

May 27, 1954.

Attorney(s) appearing for the Case

Watson, Leavenworth, Kelton & Laggart, New York City (Ellis W. Leavenworth and Leslie D. Taggart, New York City, of counsel), for appellant.

Lawrence H. Cohn, St. Louis, Mo. (Terry & Cohn, St. Louis, Mo., of counsel), for appellee.

Before JOHNSON, WORLEY, COLE, and JACKSON (retired), Judges.

JACKSON, Judge.

This appeal is in a trade-mark opposition proceeding wherein the Examiner-in-Chief of the United States Patent Office affirmed a decision of the Examiner of Interferences dismissing the notice of opposition brought by appellant in which it challenged the propriety of registering the notation "Johnnie Walker" within an oval by Modern Shoe Company as a trade-mark for men's and boys' shoes made of leather, fabric, rubber, and combinations of said materials...

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