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WARNER-HUDNUT, INC. v. WANDER COMPANY

Patent Appeal No. 6533.

280 F.2d 435 (1960)

WARNER-HUDNUT, INC. (Warner-Lambert Pharmaceutical Company, Substituted) v. WANDER COMPANY.

United States Court of Customs and Patent Appeals.

July 20, 1960.

Attorney(s) appearing for the Case

Arnold B. Christen, Washington, D. C., of counsel, for appellant.

Davis, Lindsey, Hibben & Noyes, Albert W. Bicknell, Chicago, Ill. (George N. Hibben, Chicago, Ill., of counsel), for appellee.

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

KIRKPATRICK, Judge.

The appellant, Warner-Hudnut, Inc., filed a petition for cancellation of the appellee's registered trademark, "Wander." The Assistant Commissioner affirmed the examiner's dismissal of the petition to cancel and this appeal followed.

The question presented by the appeal is a very simple one and, although counsel have managed to pile up more than 400 pages of record and 80 pages of brief, we think it can be dealt with in a very few paragraphs...

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