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DAN RIVER MILLS, INC. v. PREBEN MIKAEL AERENDAL MIKKELSEN

Patent Appeal No. 7763.

373 F.2d 743 (1967)

DAN RIVER MILLS, INCORPORATED, Appellant, v. PREBEN MIKAEL AERENDAL MIKKELSEN, d.b.a. Dansk Form, Appellee.

United States Court of Customs and Patent Appeals.

March 9, 1967.

Attorney(s) appearing for the Case

Eugene Sabol, Washington, D. C., for appellant.

Lester Horwitz, Bronx, N. Y., for appellee.

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

WORLEY, Chief Judge.

Relying on prior use and registration of numerous trademarks,1 particularly "Danstorm," used on various types of fabrics, Dan River Mills seeks cancellation of "Dansk Form," also used on fabrics, from the Supplemental Register.2 The Trademark Trial and Appeal Board, one member dissenting, dismissed the petition, 145 USPQ 295.

In support of its petition, appellant argued below that...

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