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OLD GRANTIAN COMPANY v. WILLIAM GRANT & SONS LIMITED

Patent Appeal No. 7625.

361 F.2d 1018 (1966)

OLD GRANTIAN COMPANY, Limited, Appellant, v. WILLIAM GRANT & SONS LIMITED, Appellee.

United States Court of Customs and Patent Appeals.

June 16, 1966.

Attorney(s) appearing for the Case

H. John Campaign, New York City, for appellant.

G. Cabell Busick, Washington, D. C. (Boynton P. Livingston, Washington, D. C., of counsel), for appellee.

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

SMITH, Judge.

We are here dealing with a decision of the Trademark Trial and Appeal Board granting opposer's motion for summary judgment. The substance of that motion as summarized by the Trademark Trial and Appeal Board is "that applicant having admitted that it was privy to the previous proceeding from which no appeal was taken is estopped from relitigating the issue of likelihood of confusion since the mark under attack herein is, in legal contemplation, substantially...

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