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SMITH v. COAHOMA CHEMICAL COMPANY

Patent Appeal No. 6405.

264 F.2d 916 (1959)

Benjamin D. SMITH, Jr., and Howerton Gowen Company, Inc. (Black Panther Company, Inc., Assignee, Substituted), Appellant, v. COAHOMA CHEMICAL COMPANY, Inc., Appellee.

United States Court of Customs and Patent Appeals.

March 16, 1959.

Attorney(s) appearing for the Case

John Howard Joynt, Washington, D. C., for appellant.

John Marshall Rommel, Washington, D. C., for appellee.

Before WORLEY, Acting Chief Judge, and RICH, MARTIN, and JOHNSON (retired), Judges.

WORLEY, Acting Chief Judge.

This is an appeal from the decision of the Commissioner of Patents, speaking through the Assistant Commissioner, 113 U.S.P.Q. 413, affirming the decision of the Examiner of Interferences, granting petitions by Coahoma Chemical Company, Inc., appellee here, to cancel two trade-mark registrations of appellant.

Both registrations are for the words "Black Panther" and each includes a different picture of a panther, the marks being registered...

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