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ALPHA CORPORATION v. COLUMBIA BROADCASTING SYSTEM

Patent Appeal No. 8728.

463 F.2d 1098 (1972)

ALPHA CORPORATION, Appellant, v. COLUMBIA BROADCASTING SYSTEM, INC., Appellee.

United States Court of Customs and Patent Appeals.

August 17, 1972.

Attorney(s) appearing for the Case

Esther O. Kegan, Glenn E. Klepac, Melvyn A. Silver, Chicago, Ill., Kegan, Kegan & Berkman, Chicago, Ill., attys. of record, for appellant.

Brumbaugh, Graves, Donohue & Raymond, New York City, attys. of record, for appellee. Mark N. Donohue, Joseph D. Garon, New York City, of counsel.

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

CLARK, Associate Justice.

In this appeal Alpha Corporation, appellant-applicant [Alpha], seeks to overturn the decision of the Trademark Trial and Appeal Board1 sustaining the opposition of Columbia Broadcasting System, Inc., appellee-opposer [CBS], to the registration of Alpha's mark.2 The board found, on a stipulated record, that in cases "such as this involving two design marks which are not word marks and...

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