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SCHNUR & COHAN, INC. v. ACADEMY OF MOTION PICTURE A. & S.

Patent Appeal No. 6128.

223 F.2d 478 (1955)

SCHNUR & COHAN, Inc., Appellant, v. ACADEMY OF MOTION PICTURE ARTS AND SCIENCES, Appellee.

United States Court of Customs and Patent Appeals.

June 15, 1955.

Attorney(s) appearing for the Case

Lawrence L. Colbert, Washington, D. C., and Richard S. Temko, New York City (Alexander Mencher and Charles E. Temko, New York City, of counsel), for appellant.

Fulton Brylawski and Herbert J. Jacobi, Washington, D. C., for appellee.

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

O'CONNELL, Acting Chief Judge.

This is an appeal from the decision of the Commissioner of Patents acting through the Assistant Commissioner, Hon. Daphne Leeds, 99 USPQ 316, who reversed the decision of the Examiner of Trade-Mark Interferences in a cancellation proceeding. The action of the commissioner thereby removed appellant's mark "Academy Award," used by it since 1939 on ladies' and girls' slips, from the register of Trade-Marks maintained under the Act of 1905...

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