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DAVID CRYSTAL, INC. v. BUDD & VOTAW

Patent Appeal No. 7432.

346 F.2d 623 (1965)

DAVID CRYSTAL, INC., Appellant, v. BUDD & VOTAW, Appellee.

United States Court of Customs and Patent Appeals.

June 17, 1965.

Attorney(s) appearing for the Case

Arthur H. Seidel and Edward Gonda, Philadelphia, Pa., for appellant.

Joseph E. Trabucco, San Francisco, Cal., for appellees.

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

WORLEY, Chief Judge.

Budd & Votaw seek registration of "Fog Cutter" for mens' and boys' jackets, raincoats, shirts and sweaters, alleging use since 1961. David Crystal, Inc., opposes on prior registrations of "Foggers" and "British Foggers" for ladies' and misses' dresses, coats, dress and jacket ensembles, suits, blouses, slacks, coveralls and jumpers. In dismissing the opposition the Trademark Trial and Appeal Board stated:

Applicant's mark "Fog Cutters...

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