WILLIAMSON-DICKIE MANUFACTURING CO. v. MANN OVERALL CO.

Patent Appeal No. 7528.

359 F.2d 450 (1966)

The WILLIAMSON-DICKIE MANUFACTURING COMPANY, Appellant, v. MANN OVERALL COMPANY, Inc., Appellee.

United States Court of Customs and Patent Appeals.

May 5, 1966.


Attorney(s) appearing for the Case

William E. Schuyler, Jr., Francis C. Browne, Andrew B. Beveridge, Joseph A. DeGrandi, Washington, D. C., for appellant.

Shanley & O'Neil, Washington, D. C. (Robert J. Patch, James J. Shanley, Washington, D. C., of counsel) for appellee.

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


RICH, Acting Chief Judge.

This appeal is from the decision of the Trademark Trial and Appeal Board, 141 USPQ 934, adhered to on rehearing, dismissing appellant's opposition (No. 39,765) to registration of GOLDEN HORSESHOE and granting appellee's counterclaim to cancel appellant's registration of HORSE SHOE, one of two registrations relied on by appellant in the opposition.

The following are the four salient facts involved, stated in chronological order:

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