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RAND McNALLY & COMPANY v. CHRISTMAS CLUB

Patent Appeal No. 6248.

242 F.2d 776 (1957)

RAND McNALLY & COMPANY, Appellant, v. CHRISTMAS CLUB, a Corporation, Appellee.

United States Court of Customs and Patent Appeals.

March 29, 1957.

Attorney(s) appearing for the Case

John Rex Allen, Jules L. Brady, Chicago, Ill., Francis C. Browne, Washington, D. C. (Schroeder, Hofgren, Brady & Wegner, Chicago, Ill., Mead, Browne, Schuyler & Beveridge, Washington, D. C., of counsel), for appellant.

Eugene T. McQuade, E. C. Sanborn, New York City (Tompkins, Boal & McQuade, Fish, Richardson & Neave, New York City, of counsel), for appellee.

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

O'CONNELL, Judge.

This is an appeal from the decision of the Assistant Commissioner of Patents acting for the Commissioner in a cancelation proceeding instituted by Rand McNally & Company, the appellant here, against Trademark Registration No. 225,139, issued to appellee on March 15, 1927 and republished under the Act of 1946 on February 15, 1949, for the mark "Christmas Club" as applied to a magazine. The petition for cancelation was based on the allegation that...

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