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AMERICAN BILTRITE RUBBER CO. v. BARASH COMPANY

Patent Appeal No. 7891.

390 F.2d 758 (1968)

AMERICAN BILTRITE RUBBER CO., Inc., Appellant, v. The BARASH COMPANY, Inc., Appellee.

United States Court of Customs and Patent Appeals.

February 8, 1968.

Attorney(s) appearing for the Case

Melvin R. Jenney, Kenway, Jenney & Hildreth, Boston, Mass., for appellant.

James M. Heilman, Heilman & Heilman, Washington, D. C., for appellee.

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

RICH, Judge.

This appeal is from a decision of the Trademark Trial and Appeal Board (148 USPQ 17), sustaining an opposition to appellant's application, serial No. 124,159, filed July 18, 1961, for the registration of VINALON as a trademark for "Shoe Soles of Molded Plastic Material." Opposition is based on appellee's registration No. 731,626 of May 15, 1962, on the Principal Register, of VITALON for "flexible plastic sheeting or film (in the general nature of an improvement...

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