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DAN RIVER MILLS, INCORPORATED v. YORKE SHIRT CORPORATION

Patent Appeal No. 7903.

390 F.2d 734 (1968)

DAN RIVER MILLS, INCORPORATED, Appellant, v. The YORKE SHIRT CORPORATION, Appellee.

United States Court of Customs and Patent Appeals.

February 1, 1968.

Attorney(s) appearing for the Case

Eugene Sabol, Fisher, Christen, Sabol & Caldwell, Washington, D. C., for appellant.

S. Stephen Baker, New York City, for appellee.

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

RICH, Judge.

This appeal is from the decision of the Patent Office Trademark Trial and Appeal Board, 148 USPQ 236 (1965), dismissing an opposition by Dan River Mills, Incorporated, to the registration of "Dante"1 on the Principal Register for men's outer shirts, application serial No. 165,554, filed March 27, 1963, by The Yorke Shirt Corporation.

Opposer is admittedly the prior user of the registered marks upon which it relies...

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