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SEALY, INCORPORATED v. SIMMONS COMPANY

Patent Appeal No. 6420.

265 F.2d 934 (1959)

SEALY, INCORPORATED, Appellant, v. SIMMONS COMPANY, Appellee.

United States Court of Customs and Patent Appeals.

April 22, 1959.

Attorney(s) appearing for the Case

Gerrit P. Groen, Wm. Marshall Lee, and Byron, Hume, Groen & Clement, Chicago, Ill., for appellant.

Cyril A. Soans, William E. Anderson, and Soans, Anderson, Luedeka & Fitch, Chicago, Ill., for appellee.

Before WORLEY, Acting C. J., and RICH, MARTIN and JOHNSON (retired), JJ.

MARTIN, Judge.

This is an appeal from a decision of the Commissioner of Patents, acting through the Assistant Commissioner, reversing the Examiner of Interferences and dismissing an opposition to the application1 for registration by the Simmons Company, appellee here, of the mark "Baby Posture," for mattresses. The appellant, Sealy, Incorporated, opposed the application on the ground of likelihood of confusion of prospective purchasers...

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