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MEEHANITE METAL CORP. v. INTERNATIONAL NICKEL CO.

Patent Appeal No. 6297.

262 F.2d 806 (1959)

MEEHANITE METAL CORPORATION, Appellant, v. The INTERNATIONAL NICKEL CO., Inc., Appellee.

United States Court of Customs and Patent Appeals.

January 9, 1959.

Attorney(s) appearing for the Case

Woodling & Krost, Cleveland, Ohio (George V. Woodling and Bruce B. Krost, Cleveland, Ohio, of counsel), for appellant.

Anthony William Deller, New York City (Fred A. Klein, New York City, and Aaron R. Townshend, Washington, D. C., of counsel), for appellee.

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

RICH, Judge.

This appeal is from the decision of the Commissioner of Patents affirming the decision of the Examiner of Interferences sustaining an opposition by appellee to the registration by appellant of the word "Spherulite" as a trademark for castings made of iron and iron alloys. The application states that the mark was first used by appellant on February 27, 1950.

Opposer-appellee alleged below that it and its licensees had been engaged for many years...

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