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DUROX COMPANY v. DURON PAINT MANUFACTURING COMPANY

Civ. No. 12326.

206 F.Supp. 917 (1962)

The DUROX COMPANY v. DURON PAINT MANUFACTURING COMPANY, Inc.

United States District Court D. Maryland.

June 19, 1962.

Attorney(s) appearing for the Case

Bruce B. Krost, Cleveland, Ohio, and Robert R. Bair, Baltimore, Md., for plaintiff.

Francis C. Browne, Washington, D. C., and Richard W. Case, Baltimore, Md., for defendant.

THOMSEN, Chief Judge.

Plaintiff's complaint under 15 U.S.C.A. § 1071 and 35 U.S.C.A. § 146 asks this court to reverse a decision of the Patent Office Trademark Trial and Appeal Board1 and to direct the Commissioner of Patents to issue to plaintiff its requested registration of DUROX for a "liquid primer-sealer surface coating which may also be used as an additive for paints, enamels and lacquers". Use since August 12, 1955, is...

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