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CLUETT, PEABODY & CO. v. SAVATUX FACING COMPANY

Patent Appeal No. 6494.

277 F.2d 944 (1960)

CLUETT, PEABODY & CO., Inc. v. SAVATUX FACING COMPANY.

United States Court of Customs and Patent Appeals.

May 3, 1960.

Attorney(s) appearing for the Case

Dudley B. Smith, New York City, (Harold Edward Foerch, Jr., New York City, of counsel), for appellant.

Arthur H. Seidel, Philadelphia, Pa., for appellee.

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

SMITH, Judge.

This appeal is from the decision of the Assistant Commissioner of Patents (118 U.S.P.Q. 236), reversing the decision of the Examiner of Interferences and dismissing an opposition by appellant to appellee's application for registration of "Prom Plaid" as a trademark for men's dinner jackets. The opposition was based on appellant's ownership of registration No. 386,227 for "Prom" as a trademark for collars, and...

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