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HOLLYWOOD WATER HEATER CO. v. HOLLYMATIC CORP.

Patent Appeal No. 6459.

274 F.2d 679 (1960)

HOLLYWOOD WATER HEATER CO. v. HOLLYMATIC CORPORATION.

United States Court of Customs and Patent Appeals.

February 2, 1960.

Attorney(s) appearing for the Case

Beehler & Shanahan, Los Angeles, Cal. (Edmond F. Shanahan, Los Angeles, Cal., of counsel), for appellant.

Schroeder, Hofgren, Brady & Wegner, Jules L. Brady, Richard S. Phillips, Chicago, Ill. (John Rex Allen, Chicago, Ill., of counsel), for appellee.

Before WORLEY, Chief Judge, and RICH, MARTIN, SMITH and JOHNSON (retired), Judges.

SMITH, Judge.

Appellant filed application serial No. 673,100 on September 13, 1954 for registration on the Principal Register of the mark "Hollymatic" for automatic water heaters, home heating appliances and cooking ranges with oven and broiler attached or detached, asserting August 12, 1954 as the date of its first use of the mark.

Appellee asserts use since July 19, 1945 of its mark "Hollymatic" on automatic electrically operated hamburger patty molding...

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