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RIDGE PIKE LUMBER CO. v. WILLIAM D. BOWERS LUMBER CO.

Patent Appeal No. 7858.

393 F.2d 843 (1967)

RIDGE PIKE LUMBER COMPANY, Inc., Appellant, v. WILLIAM D. BOWERS LUMBER CO., Appellee.

United States Court of Customs and Patent Appeals.

December 28, 1967.

Attorney(s) appearing for the Case

Seidel & Gonda, Arthur H. Seidel, Philadelphia, Pa., for appellant.

Lloyd P. Shank, Washington, D. C., for appellee.

Before WORLEY, Chief Judge, Justice CLARK, and Judges RICH, SMITH, ALMOND, and KIRKPATRICK.

SMITH, Judge.

The Trademark Trial and Appeal Board denied appellant's petition to cancel appellee's registration of the mark "BLUE RIDGE HOMES" with certain design features, 147 USPQ 397 (TTAB 1965).1

Appellant's petition is based on its alleged prior and continuous use, since 1956, of the mark "RIDGE PIKE HOMES," its prior and continuous use of its trade name, Ridge Pike Lumber Company...

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