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CAMBRIDGE RUBBER COMPANY v. CLUETT, PEABODY & CO.

Patent Appeal No. 6628.

286 F.2d 623 (1961)

CAMBRIDGE RUBBER COMPANY, Appellant, v. CLUETT, PEABODY & CO., Inc., Appellee.

United States Court of Customs and Patent Appeals.

February 8, 1961.

Attorney(s) appearing for the Case

Jacobi & Jacobi, Herbert J. Jacobi, Washington, D. C. (Samuel L. Davidson, Washington, D. C., of counsel), for appellant.

Myron Amer, New York City, for appellee.

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

WORLEY, Chief Judge.

This is an appeal from a decision of the Commissioner of Patents, acting through the Assistant Commissioner, 122 USPQ 211, reversing the Examiner of Interferences and dismissing an opposition to the registration of a trademark.

Applicant, appellee here, manufactures men's and boys' furnishings including shirts, ties, handkerchiefs, and underwear, and seeks registration of the mark "Winter Carnival" for use on men's and boys' underwear...

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