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BARR RUBBER PRODUCTS CO. v. BURLINGTON MILLS, INC.

No. 16513.

306 F.2d 268 (1962)

The BARR RUBBER PRODUCTS COMPANY, Appellant, v. BURLINGTON MILLS, INC., and David L. LADD, Commissioner of Patents, Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided May 31, 1962.

Petition for Rehearing Denied July 3, 1962.

Attorney(s) appearing for the Case

Mr. Albert L. Ely (Ely, Pearne and Gordon), with whom Mr. Roberts B. Larson, Washington, D. C., was on the brief, for appellant.

Mr. Boynton P. Livingston, Washington, D. C., with whom Mr. Edward G. Fenwick, Jr., Washington, D. C., was on the brief, for appellee Burlington Mills, Inc.

Mr. Clarence W. Moore, Solicitor, United States Patent Office, for appellee Ladd.

Before WILBUR K. MILLER, Chief Judge, and DANAHER and BURGER, Circuit Judges.

DANAHER, Circuit Judge.

Appellant, an Ohio corporation, as owner of the registered trade-marks BARR and BARTEX, asked the District Court in the District of Columbia to enjoin the Commissioner of Patents from issuing a certificate of registration of the trade-mark BUR-TEX to Burlington Mills, Inc., a Wisconsin corporation. The latter, not having been served in this District, appeared specially and filed its motion to dismiss...

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