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ROBERT HALL CLOTHES, INC. v. STUDDS

Patent Appeal No. 6620.

286 F.2d 615 (1961)

ROBERT HALL CLOTHES, INC., Appellant, v. Mary Lindsay STUDDS, Appellee.

United States Court of Customs and Patent Appeals.

February 6, 1961.

Attorney(s) appearing for the Case

John P. McGann, New York City, for appellant.

Fisher, Christen & Goodson, Arnold B. Christen, Washington, D. C. (John J. Byrne, Washington, D. C., of counsel), for appellee.

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

MARTIN, Judge.

The Trademark Trial and Appeal Board has dismissed, 122 USPQ 347, an opposition to the registration of "Rose Hall" for use on women's, children's, and men's wearing apparel and accessories. Mary Lindsay Studds is the applicant. The opposer, Robert Hall Clothes, Inc., has appealed to this court.

The notice of opposition alleges likelihood of damage to the opposer because of the confusing similarity between "Rose Hall" and opposer's registered...

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