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WEMBLEY, INC. v. COMMISSIONER OF PATENTS

Civ. A. No. 1123-64.

235 F.Supp. 704 (1964)

WEMBLEY, INC., Plaintiff, v. COMMISSIONER OF PATENTS of the United States of America, Defendant.

United States District Court District of Columbia.

November 23, 1964.

Attorney(s) appearing for the Case

Francis C. Browne, Washington, D. C., for plaintiff.

Clarence W. Moore, Sol., Washington, D. C., for defendant.

JACKSON, District Judge.

This is an action in the nature of mandamus to compel the defendant, Commissioner of Patents, to consider on its merits a motion made in the Patent Office by the plaintiff to dismiss a petition pending there by Diplomat Tie Company for cancellation of plaintiff's trademark registration.

Motions for summary judgment by the plaintiff and to dismiss by defendant were heard together on October 16, 1964, and judgment was entered in favor...

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