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BART SCHWARTZ INTERNATIONAL TEXTILES, LTD. v. F. T. C.

Patent Appeal No. 6599.

289 F.2d 665 (1961)

BART SCHWARTZ INTERNATIONAL TEXTILES, LTD., Appellant, v. FEDERAL TRADE COMMISSION, Appellee.

United States Court of Customs and Patent Appeals.

April 14, 1961.

Attorney(s) appearing for the Case

Fulton Brylawski, Washington, D. C. (E. Fulton Brylawski, Washington, D. C., of counsel), for appellant.

Jess C. Radnor, Washington, D. C., for appellee.

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

SMITH, Judge.

The Federal Trade Commission, acting under Section 14 of the Lanham Act (15 U.S.C. 1064, 15 U.S.C.A. § 1064), petitioned for cancellation of appellant's registration No. 623,601, issued March 20, 1956, on an application filed June 20, 1955, for the mark "FIOCCO" for "textile fabrics in the piece of cotton, rayon, synthetic fibers, and mixtures thereof." First use and use in commerce is alleged to be May 2, 1955.

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