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TAILOR TEE, INC. v. STEDMAN MANUFACTURING COMPANY

Patent Appeal No. 6615.

286 F.2d 612 (1961)

TAILOR TEE, INC., Appellant, v. STEDMAN MANUFACTURING COMPANY, Appellee.

United States Court of Customs and Patent Appeals.

February 6, 1961.

Attorney(s) appearing for the Case

Blum, Moscovitz, Friedman & Blum, New York City (David J. Moscovitz, Asher Blum, New York City, Charles R. Allen, Jr., Washington, D. C., of counsel), for appellant.

Mason, Fenwick & Lawrence, Washington, D. C. (G. Cabell Busick, Boynton P. Livingston, Washington, D. C., of counsel), for appellee.

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

MARTIN, Judge.

This is an appeal from a decision of the Trademark Trial and Appeal Board, 122 U.S.P.Q. 160, sustaining an opposition to the registration of a trademark.

Appellant, Tailor Tee, Inc., sought to register "Tailor-Tee" for "ladies' wearing apparel namely polo shirts, t-shirts, blouses, skirts, and dresses." In 1952, appellant started using its mark only in connection with sales of women's tee shirts1 but in 1954, use...

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