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CLARK EQUIPMENT COMPANY v. BAKER-LULL CORPORATION

Patent Appeal No. 6588.

288 F.2d 926 (1961)

CLARK EQUIPMENT COMPANY, Appellant, v. BAKER-LULL CORPORATION (Otis Elevator Company, alleged assignee, substituted), Appellee.

United States Court of Customs and Patent Appeals.

Rehearing Denied May 5, 1961.

Attorney(s) appearing for the Case

Brown, Jackson, Boettcher & Dienner, Chicago, Ill. (John A. Dienner, Jr., F. Vern Lahart, Chicago, Ill., and Kenneth C. Witt, Buchanan, Mich., of counsel), for appellant.

Joseph L. Sharon, New York City, for appellee.

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

SMITH, Judge.

Appellee-applicant's predecessor filed application No. 660,915 on February 11, 1954, for registration of the mark Yardloader for use on vehicle-mounted material loaders, known as fork trucks. Appellant-opposer opposed registration, charging that the use of that mark by applicant would result in confusion, mistake and deception of purchasers as to the source or origin of the goods in view of opposer's prior use...

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