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UNCAS MANUFACTURING COMPANY v. CLARK & COOMBS COMPANY

No. 5983.

309 F.2d 818 (1962)

UNCAS MANUFACTURING COMPANY, Plaintiff, Appellant, v. CLARK & COOMBS COMPANY, Defendant, Appellee,

United States Court of Appeals First Circuit.

November 16, 1962.

Attorney(s) appearing for the Case

Herbert B. Barlow and Herbert B. Barlow, Jr., Providence, R. I., with whom Barlow & Barlow, Providence, R. I., was on brief, for appellant.

Jerome B. Spunt, Providence, R. I., with whom Andrew P. Quinn and Letts & Quinn, Providence, R. I., were on brief, for appellee.

Before WOODBURY, Chief Judge, and HARTIGAN and ALDRICH, Circuit Judges.

WOODBURY, Chief Judge.

In February 1951 The R. L. Griffith and Son Company of Providence, Rhode Island, obtained registration under the Lanham Act, 60 Stat. 427 et seq., 15 U.S.C. Chapter 22, of the word "BARODA" in class 28, Jewelry and Precious-Metal were, for "Imitation Stones for Jewelers' Use, Sold either Alone or Mounted in Jewelry, such as Finger Rings, etc." Griffith recited in its application that it had first used the mark in interstate commerce in 1912...

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