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TIFFANY AND COMPANY v. COLUMBIA INDUSTRIES, INC.

Patent Appeal No. 8643.

455 F.2d 582 (1972)

TIFFANY AND COMPANY, Appellant, v. COLUMBIA INDUSTRIES, INC., Appellee.

United States Court of Customs and Patent Appeals.

March 2, 1972.

Attorney(s) appearing for the Case

Milo G. Coerper, Washington, D. C., attorney of record, for appellant; Coudert Brothers, Washington, D.C., of counsel.

John C. Stahl, San Antonio, Tex., attorney of record, for appellee.

Before RICH, ALMOND, BALDWIN, and LANE, Judges, and ROSENSTEIN, Judge, United States Customs Court, sitting by designation.

LANE, Judge.

This is an appeal from the decision of the Trademark Trial and Appeal Board1 dismissing the opposition on the ground that opposer had neither taken testimony nor offered evidence and had therefore failed to prove its case. We reverse and remand the case for further proceedings consistent herewith.

Appellee had filed an application for the registration of TIFFANY for bowling balls.2 The...

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