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LIBRASCOPE, INCORPORATED v. LIBRAPHONE, INC.

Patent Appeal No. 6883.

314 F.2d 580 (1963)

LIBRASCOPE, INCORPORATED (now by Merger Librascope Division General Precision, Inc.), Appellant, v. LIBRAPHONE, INC., Appellee.

United States Court of Customs and Patent Appeals.

Rehearing Denied May 10, 1963.

Attorney(s) appearing for the Case

Theodore H. Lassagne, Glendale, Cal., Jas. M. Naylor, Naylor & Neal, San Francisco, Cal., for appellant.

Charles R. Allen, Jr., Washington, D. C., for appellee.

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

SMITH, Judge.

This is an appeal from the decision of the Trademark Trial and Appeal Board, 131 U.S.P.Q. 76, which dismissed appellant's opposition to appellee's application1 for registration of the mark "Libraphone" in association with a design showing a row of books and the horn portion of a speaker. The mark is used on "grooved phonograph records." Opposer-appellant, the prior user, asserted in its Notice of Opposition that the mark...

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