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SILBER v. BULLSEYE CORPORATION

Patent Appeal No. 6332.

254 F.2d 405 (1958)

Tj SILBER (Doing Business as Economy Products Co.), Appellant, v. The BULLSEYE CORPORATION, Appellee.

United States Court of Customs and Patent Appeals.

April 23, 1958.

Attorney(s) appearing for the Case

Mason & Graham and Collins Mason, Los Angeles, Cal. (Donald A. Gardiner, James Atkins and Russell L. Law, Washington, D. C., of counsel), for appellant.

Steward & Steward, Roy F. Steward and Merrill F. Steward, New Haven, Conn., for appellee.

Before JOHNSON, Chief Judge, and O'CONNELL, WORLEY and RICH, Judges.

O'CONNELL, Judge.

This is an appeal from the decision of the Assistant Commissioner of Patents, acting for the Commissioner, in a concurrent use proceeding under section 2(d) of the Trade-Mark Act of 1946, 15 U.S.C.A. § 1052(d), 110 U.S.P.Q. 374. Involved is an application for registration for concurrent use filed August 12, 1950, by appellee, The Bullseye Corporation, hereafter referred to as Bullseye; and an application...

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