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CLAIROL, INCORPORATED v. ROUX DISTRIBUTING CO.

Patent Appeal No. 6498.

280 F.2d 863 (1960)

CLAIROL, INCORPORATED v. ROUX DISTRIBUTING CO., Inc.

United States Court of Customs and Patent Appeals.

July 13, 1960.

Attorney(s) appearing for the Case

David J. Moscovitz, Harold H. Levin, New York City, Marvin E. Frankel, New York City (Marvin E. Frankel, New York City, of counsel), for appellant.

Munn, Liddy, Daniels & March, Joe E. Daniels, New York City (Sylvester J. Liddy, New York City, of counsel), for appellee.

Before WORLEY, Chief Judge, and RICH, MARTIN, and SMITH, Judges, and Judge WILLIAM H. KIRKPATRICK.

SMITH, Judge.

The Assistant Commissioner (118 U. S.P.Q. 378) reversed the decision of the Examiner of Interferences and held that Registration No. 565,410 of the mark "Hair Color Bath" for "Hair tinting and coloring preparations" granted to appellant on the Supplemental Register should be cancelled.

Appellee's petition for cancellation was filed under section 24 of the Trademark Act of 1946, 15 U.S.C.A. § 1092, and alleges that the mark "Hair Color Bath...

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