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CUMMINS ENGINE COMPANY v. CONTINENTAL MOTORS CORP.

Patent Appeal No. 6961.

359 F.2d 892 (1966)

CUMMINS ENGINE COMPANY, Inc., Appellant, v. CONTINENTAL MOTORS CORPORATION, Appellee.

United States Court of Customs and Patent Appeals.

May 12, 1966.

Attorney(s) appearing for the Case

George N. Hibben, Chicago, Ill., Francis D. Thomas, Jr., Washington, D. C., for appellant.

Nims, Halliday, Whitman, Howes & Collison, New York City (Walter J. Halliday, William H. Buchanan, New York City, Robert C. Hauke, Southfield, Mich., of counsel), for appellee.

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

MARTIN, Judge.

This is an appeal from decisions of the Trademark Trial and Appeal Board1 granting a petition to cancel Reg. No. 629,304 for "TURBODIESEL," issued June 19, 1956 on the Supplemental Register for internal combustion engines and parts thereof.2 Cummins Engine Co. (Cummins) owns the mark.

The parties are competitors in the manufacture and sale of internal combustion engines of the compression...

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