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JOSEPH & FEISS COMPANY v. JOSEPH KANNER HAT COMPANY

Patent Appeal No. 7224.

337 F.2d 1014 (1964)

The JOSEPH & FEISS COMPANY, Appellant, v. JOSEPH KANNER HAT CO., Inc., Appellee.

United States Court of Customs and Patent Appeals.

November 12, 1964.

Attorney(s) appearing for the Case

Albert L. Ely, Jr., Cleveland, Ohio, for appellant.

Judah B. Felshin, Stanley I. Rosen, Felshin & Rosen, New York City, for appellee.

Before RICH, Acting Chief Judge, and MARTIN, SMITH, and ALMOND, Judges, and Judge WILLIAM H. KIRKPATRICK.

MARTIN, Judge.

This appeal requires us to determine which of the parties has superior rights in its mark. Since both parties concede that the marks and goods are so related that confusion is likely, the only remaining question is one of priority of trademark use.

In 1943 Kanner-Wald Inc., a corporate predecessor of appellee Joseph Kanner Hat Company (hereinafter Kanner), obtained trademark Registration No. 403,460 for HENLEY CLUB for men's hats, claiming use...

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