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B. T. BABBITT, INC. v. PHILLIPS-VAN HEUSEN CORPORATION

Patent Appeal No. 8221.

419 F.2d 462 (1969)

B.T. BABBITT, INC., Appellant, v. PHILLIPS-VAN HEUSEN CORPORATION, Appellee.

United States Court of Customs and Patent Appeals.

December 31, 1969.

Attorney(s) appearing for the Case

Seidel & Gonda, Edward C. Gonda, Philadelphia, Pa., attorneys of record, for appellant.

Eric Y. Munson, New York City, for appellee.

Before RICH, Acting Chief Judge, ALMOND, BALDWIN and LANE, Judges, and RAO, Chief Judge, sitting by designation.

RICH, Acting Chief Judge.

This appeal is from the decision of the Patent Office Trademark Trial and Appeal Board, 153 USPQ 863, dismissing two oppositions consolidated for trial, Nos. 45,513 and 45,514. The first was against the Phillips-Van Heusen Corporation's application serial No. 215,259, filed March 29, 1965, to register VANAPRESS for men's shirts, cuffs, collars, pajamas, sports shirts, underwear, knit shirts, and slacks, first use claimed on July 3, 1962....

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