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BEMIS BRO. BAG COMPANY v. CONTINENTAL CAN COMPANY

Patent Appeal No. 6912.

312 F.2d 837 (1963)

BEMIS BRO. BAG COMPANY, Appellant, v. CONTINENTAL CAN COMPANY, Inc., Appellee.

United States Court of Customs and Patent Appeals.

February 13, 1963.

Attorney(s) appearing for the Case

John D. Pope III, St. Louis, Mo. (J. Harold Kilcoyne, Washington, D. C., Koenig, Pope, Senniger & Powers, St. Louis, Mo., of counsel), for appellant.

William A. Dittmann, Chicago, Ill., for appellee.

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

MARTIN, Judge.

Appellant, Bemis Bro. Bag Company, appeals from a decision of the Patent Office Trademark Trial and Appeal Board dismissing its opposition to an application by appellee, Continental Can Company, Inc., for registration of DUOTITE for bags composed principally of laminated paper, plastic film and/or metal foil. Use of the mark by appellee on the designated goods since 1956 is alleged.

Appellant is the registrant of DUOTEX for fabric bags made...

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