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INDUSTRIA ESPANOLA de PERLAS IM. S.A. v. NATIONAL SILVER CO.

Patent Appeal No. 8733.

459 F.2d 1049 (1972)

INDUSTRIA ESPANOLA de PERLAS IMITACION, S. A., and Trifari, Krussman and Fishel, Inc., Appellants, v. NATIONAL SILVER COMPANY, Appellee.

United States Court of Customs and Patent Appeals.

May 25, 1972.

Attorney(s) appearing for the Case

Pennie, Edmonds, Morton, Taylor & Adams, New York City, attorneys of record, for appellant; Hubert G. Moore, Jr., James G. Foley, George F. Long, III, New York City, of counsel.

William R. Liberman, New York City, attorney of record, for appellee.

Before RICH, ALMOND, BALDWIN, and LANE, Judges, and CLARK, Justice (Ret.), United States Supreme Court, sitting by designation.

ALMOND, Judge.

This is an appeal by Industria Espanola de Perlas Imitacion, S. A. (Industria) and Trifari, Krussman and Fishel, Inc. (Trifari) from a decision of the Trademark Trial and Appeal Board1 dismissing appellants' opposition. Appellants contend that appellee's (National Silver Company, hereinafter National) trademark, consisting of a crest design with display of the term "MAJORCA" along with PERLAS AMANTE, for manufactured pearls...

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