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FULLER PRODUCTS CO. v. FULLER BRUSH COMPANY

No. 13314.

299 F.2d 772 (1962)

FULLER PRODUCTS CO., Plaintiff-Appellee, v. The FULLER BRUSH COMPANY, Defendant-Appellant.

United States Court of Appeals Seventh Circuit.

Rehearing Denied April 4, 1962.

Attorney(s) appearing for the Case

W. Mahlon Dickerson, New York City, George N. Hibben, Chicago, Ill., Davis, Lindsey, Hibben & Noyes, Chicago, Ill., Saterlee, Browne, Cherbonnier, & Dickerson, New York City, John H. Reilly, Jr., New York City, Harold G. Johnson, Hartford, Conn., of counsel, for appellant.

Theodore W. Miller, Fleetwood McCoy, Chicago, Ill., for appellee.

Before SCHNACKENBERG, KNOCH and CASTLE, Circuit Judges.

KNOCH, Circuit Judge.

Plaintiff, Fuller Products Co., instituted action in the United States District Court to review the decision of the Trademark Trial and Appeal Board in Cancellation Proceedings brought by Fuller Products Co. against defendant, The Fuller Brush Company, (121 USPQ 327) which involved U. S. Patent Office Registration dated May 14, 1957, No. 645, 543 for vitamin food supplement.

The U. S. Patent...

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