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GOODALL-SANFORD, INC. v. TROPICAL GARMENT MFG. CO.

Patent Appeal No. 6499.

275 F.2d 736 (1960)

GOODALL-SANFORD, INC. v. TROPICAL GARMENT MANUFACTURING CO.

United States Court of Customs and Patent Appeals.

March 8, 1960.

Attorney(s) appearing for the Case

Benjamin Burrows, New York City, for appellant.

Kimmel & Crowell, Washington, D. C., for appellee.

Before WORLEY, Chief Judge, RICH, MARTIN and SMITH, Judges, and Judge C. WILLIAM KRAFT, Jr.

SMITH, Judge.

This appeal is from the decision of the Assistant Commissioner of Patents sustaining the dismissal of a trademark opposition involving appellant's mark "Palm Beach" and appellee's mark "Royal Palm."

Appellant's mark is used on textile fabrics from which wearing apparel is made and is also used on wearing apparel made from such fabrics. Appellee's mark is used on work shirts, dress shirts, sport shirts, slacks and underwear made of textile or...

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