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LILLY PULITZER, INC. v. LILLI ANN CORPORATION

Patent Appeal No. 7754.

376 F.2d 324 (1967)

LILLY PULITZER, INC., Appellant, v. LILLI ANN CORPORATION, Appellee.

United States Court of Customs and Patent Appeals.

April 27, 1967.

Attorney(s) appearing for the Case

Robert C. Garber, Harvey B. Jacobson, Washington, D. C., for appellant.

Harold R. Regan, San Francisco, Cal., for appellee.

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

KIRKPATRICK, Judge.

This is an appeal from a decision of the Trademark Trial and Appeal Board, 145 USPQ 232, sustaining appellee's opposition to appellant's application for registration of the trademark "THE LILLY" for women's dresses. The opposer is the owner of the trademark "LILLI ANN" for women's wearing apparel including dresses. There is no question that the opposer is prior in use and that the parties' goods and customers are, at least in part, the same.

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