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UNIVERSAL OVERALL CO. v. STONECUTTER MILLS CORP.

Patent Appeal No. 7776.

379 F.2d 983 (1967)

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

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

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

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

WORLEY, Chief Judge.

Stonecutter Mills Corporation (Stonecutter)1 has applied for registration of "Stonecutter" for "textile fabrics of cotton, silk, rayon and/or other manufactured fibers and combinations thereof for use in garments for men, women and children, * * * and for use in home furnishings items * * *."2 The application was filed on August 6, 1959, asserting first use in 1921. Universal Overall Company...

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