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GENERAL SHOE CORP. v. LERNER BROS. MFG. CO.

Patent Appeal No. 6303.

254 F.2d 154 (1958)

GENERAL SHOE CORPORATION, Appellant, v. LERNER BROS. MFG. CO., Inc., Appellee.

United States Court of Customs and Patent Appeals.

April 11, 1958.

Attorney(s) appearing for the Case

Ernest P. Rogers, Atlanta, Ga. (Francis C. Browne, Russell L. Law, Washington, D. C., Smith, Kilpatrick, Cody Rogers & McClatchey, Atlanta, Ga., and Mead, Browne, Schuyler & Beveridge, Washington, D. C., of counsel), for appellant.

Charles W. Gerard, Kansas City, Mo., and J. Harold Kilcoyne, Washington, D. C., for appellee.

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

RICH, Judge.

This is an appeal from the decision of the Commissioner of Patents (108 U.S. P.Q. 341) in Trademark Opposition No. 31,914, reversing the decision of the Examiner of Interferences which sustained appellant's opposition to appellee's application, filed September 26, 1947, to register the word "Holiday" as a trademark for men's outer shirts, and lounging, beach and bath robes. Use since January 1, 1945, is asserted by applicant.

Appellant opposes...

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