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UNIVERSAL OVERALL CO. v. STONECUTTER MILLS CORP.

Patent Appeal No. 6847.

310 F.2d 952 (1962)

UNIVERSAL OVERALL COMPANY, Appellant, v. STONECUTTER MILLS CORPORATION, Appellee.

United States Court of Customs and Patent Appeals.

December 12, 1962.

Attorney(s) appearing for the Case

Norman Lettvin, Chicago, Ill. (D. D. Allegretti, Bair, Freeman & Molinare, Chicago, Ill., of counsel), for appellant.

Edward L. Merrigan, Washington, D. C., for appellee.

Before WORLEY, Chief Judge, RICH, MARTIN, and SMITH, Judges, and Judge JOSEPH R. JACKSON, Retired.

WORLEY, Chief Judge.

Stonecutter Mills Corporation seeks registration of the mark "STONECUTTER" for certain fabrics for use in specified garments and home furnishing items.1 Universal Overall Company, hereinafter referred to as Universal, opposed that application. The Trademark Trial and Appeal Board granted a motion for summary judgment by Stonecutter Mills and dismissed the opposition. Universal appeals from that action.

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