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STONECUTTER MILLS CORP. v. UNIVERSAL OVERALL CO.

Patent Appeal Nos. 7774, 7775.

379 F.2d 979 (1967)

STONECUTTER MILLS CORPORATION, Appellant, v. UNIVERSAL OVERALL COMPANY, Appellee. UNIVERSAL OVERALL COMPANY, Appellant, v. STONECUTTER MILLS CORPORATION, Appellee.

United States Court of Customs and Patent Appeals.

June 22, 1967.

Attorney(s) appearing for the Case

Edward L. Merrigan, Washington, D.C. (Gadsby, Maguire, Hannah & Merrigan, Weil, Gotshal & Manges, Washington, D.C., of counsel), for Stonecutter Mills Corporation.

Norman Lettvin, Chicago, Ill., George A. Arkwright, Washington, D.C. (James F. Davis, Bair, Freeman & Molinare, Chicago, Ill., of counsel), for Universal Overall Co.

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

WORLEY, Chief Judge.

These are cross appeals from a decision of the Trademark Trial and Appeal Board, 145 USPQ 562, dismissing an opposition by Stonecutter Mills Corporation (Stonecutter) to an application filed December 13, 1954, by Universal Overall Company (Universal) to register "Stone Cutter" for overalls, coveralls, shopcoats and dungarees, alleging use of the mark since January 1926.

Registration was refused by the examiner on Registration No. 422,633...

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