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FLEETWOOD COMPANY v. HAZEL BISHOP, INC.

No. 15053.

352 F.2d 841 (1965)

The FLEETWOOD COMPANY, Plaintiff-Appellant, v. HAZEL BISHOP, INC., Defendant-Appellee.

United States Court of Appeals Seventh Circuit.

November 9, 1965.

Attorney(s) appearing for the Case

James R. McKnight, Chicago, Ill., for appellant.

Warren D. McPhee, Chicago, Ill., M. Hudson Rathburn, Chicago, Ill., Mason, Kolehmainen, Rathburn & Wyss, Chicago, Ill., of counsel, for appellee.

Before HASTINGS, Chief Judge, and SCHNACKENBERG and SWYGERT, Circuit Judges.

HASTINGS, Chief Judge.

In 1958, Hazel Bishop, Inc., defendant-appellee, applied for registration of its trademark TINTSTIK for a hair coloring preparation in stick form. The Fleetwood Company, plaintiff-appellant, filed an opposition proceeding in the Patent Office against the application for such registration, basing its opposition on Fleetwood's prior use and registration of TINTZ for hair coloring preparations and Fleetwood's purported prior use of TINTZ STICK...

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