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MURRAY CORP. OF AMERICA v. RED SPOT PAINT & VARNISH CO.

Patent Appeal No. 6574.

280 F.2d 158 (1960)

MURRAY CORPORATION OF AMERICA, Appellant, v. RED SPOT PAINT AND VARNISH CO., Inc., Appellee.

United States Court of Customs and Patent Appeals.

July 6, 1960.

Attorney(s) appearing for the Case

James H. Littlepage, Washington, D. C., Francis P. Keiper, Syracuse, N. Y. (Helen F. Keiper, Syracuse, N. Y., of counsel), for appellant.

Herbert J. Jacobi, Washington, D. C. (Samuel L. Davidson, Washington, D. C., of counsel), for appellee.

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

MARTIN, Judge.

The Murray Corporation of America, owner of registration No. 602,641, registered March 1, 1955,1 for "Easy" for use on "Touch-up Enamel supplied in self-spraying containers for application to domestic laundry and other appliances," has opposed the registration of "Easytint" for "White paint particularly constructed to be mixed with various colors as desired." The "Easytint" application was filed on March 22, 1955, and alleges...

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