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MELVILLE SHOE CORP. v. LESTER PINCUS SHOE CORP.

Patent Appeal No. 6802.

305 F.2d 884 (1962)

MELVILLE SHOE CORPORATION, Appellant, v. LESTER PINCUS SHOE CORPORATION, Appellee.

United States Court of Customs and Patent Appeals.

Rehearing Denied October 24, 1962.

Attorney(s) appearing for the Case

Solon B. Kemon, and Kemon, Palmer, Stewart & Estabrook, Washington, D. C., for appellant.

Edward K. Pincus, New York City (Stanley Rothenberg, New York City, of counsel), for appellee.

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

SMITH, Judge.

The single issue presented is whether applicant-appellee's mark "SOCIETY DEBS"1 when applied to the goods of applicant is likely to cause confusion, mistake or deception of purchasers due to its similarity to opposer-appellant's registered mark "STYLISH DEBS".2 Appellee's application asserts use in interstate commerce since December 9, 1950 while appellant...

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