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BROWNS HOSIERY MILLS, INC. v. RUSSELL HOSIERY MILLS, INC.

Patent Appeal No. 6892.

311 F.2d 811 (1963)

BROWNS HOSIERY MILLS, INC., Appellant, v. RUSSELL HOSIERY MILLS, INC., Appellee.

United States Court of Customs and Patent Appeals.

January 16, 1963.

Attorney(s) appearing for the Case

F. M. de Rosa, Watson, Cole, Grindle & Watson, Washington, D. C., for appellant.

G. Cabell Busick, Mason, Fenwick & Lawrence, Washington, D. C., for appellee.

Before WORLEY, Chief Judge, and RICH, MARTIN, SMITH and ALMOND, Judges.

RICH, Judge.

This is a petition to cancel two trademark registrations.

The issue before us is whether the concurrent use on the identical goods, hosiery, as trademarks, of SWEATER KNIT, SWEATER-MATES, and SWEATER SOFT would be likely to cause confusion, mistake, or deception of purchasers as to the source of the hosiery, within the meaning of section 2(d) of the Trademark Act of 1946, 15 U.S.C. § 1052(d).

Appellant owns the trademark SWEATER KNIT...

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