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SEARS, ROEBUCK AND CO. v. HOFMAN

Patent Appeal No. 6359.

258 F.2d 953 (1958)

SEARS, ROEBUCK AND CO., Appellant, v. Leo C. HOFMAN, Appellee.

United States Court of Customs and Patent Appeals.

Rehearing Denied October 1, 1958.

Attorney(s) appearing for the Case

Frank H. Marks, Chicago, Ill. (Ivan P. Tashof, New York City, of counsel), for appellant.

Leo C. Hofman, pro se.

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

WORLEY, Judge.

This is an appeal from the decision of the Assistant Commissioner of Patents, acting for the Commissioner, reversing the decision of the Examiner of Interferences, and holding appellee entitled to registration of the mark "Royal Plumage" as applied to hosiery, over the opposition of appellant's prior registration and use of its mark "Royal Purple" also for hosiery. The record consists of a stipulation of facts...

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