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DAVID CRYSTAL, INC. v. SHELBURNE SHIRT CO.

Patent Appeal No. 8678.

465 F.2d 926 (1972)

DAVID CRYSTAL, INC., Appellant, v. SHELBURNE SHIRT CO., Inc., Appellee.

United States Court of Appeals, and Patent Appeals.

September 14, 1972.

Attorney(s) appearing for the Case

Edward C. Gonda, Joel S. Goldhammer, Philadelphia, Pa. (Seidel, Gonda & Goldhammer), Philadelphia, Pa., attorneys of record, for appellant.

Myron Cohen, Maurice B. Stiefel, New York City (Hubbell, Cohen & Stiefel), New York City, attorneys of record, for appellee; Jules E. Goldberg, New York City, of counsel.

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

BALDWIN, Judge.

Appeal is taken from the decision of the Trademark Trial and Appeal Board,1 dismissing the opposition filed by appellant David Crystal, Inc., to registration2 of the trademark CRYSTALAIRE for "men's and boys' wearing apparel— namely, dress and sport shirts." As it is presented in appellee's application, the mark is somewhat stylized:

The application gives 1953...

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