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W. D. BYRON & SONS, INC. v. STEIN BROS. MFG. CO.

Patent Appeal No. 7806.

377 F.2d 1001 (1967)

W. D. BYRON & SONS, INC., Appellant, v. STEIN BROS. MFG. CO., Appellee.

United States Court of Customs and Patent Appeals.

May 25, 1967.

Attorney(s) appearing for the Case

Kaye, Scholer, Fierman, Hays & Handler, New York City (Sidney A. Diamond, New York City, of counsel), for appellant.

Hill, Sherman, Meroni, Gross & Simpson, Charles F. Meroni, Charles F. Meroni, Jr., Chicago, Ill., for appellee.

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

ALMOND, Judge.

This is an appeal by opposer-petitioner Byron from the decision in favor of applicant-respondent Stein by the Trademark Trial and Appeal Board in a consolidated opposition and cancellation proceeding involving the marks TUFIDE and SOFTONE TUFIDE for various types of business and carrying cases, e. g. brief cases. Byron opposes the application1 of Stein to register SOFTONE TUFIDE and a design for such cases, the notation...

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