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GRAVEL COLOGNE, INC. v. LAWRENCE PALMER, INC.

Patent Appeal No. 8847.

469 F.2d 1397 (1972)

GRAVEL COLOGNE, INC., Appellant, v. LAWRENCE PALMER, INC., Appellee.

United States Court of Customs and Patent Appeals.

December 21, 1972.

Attorney(s) appearing for the Case

William T. Bullinger, Cushman, Darby & Cushman, Washington, D. C., attys. of record, for appellant.

Armand E. Lackenbach, Mamaroneck, N. Y., atty. of record, for appellee.

Before MARKEY, Chief Judge, and RICH, ALMOND, BALDWIN and LANE, Judges.

ALMOND, Judge.

This appeal from the decision of the Trademark Trial and Appeal Board, 166 USPQ 62 (1970), involves the application of Lawrence Palmer, Inc., appellee, to register "ON THE ROCKS"1 for men's cologne and after-shave lotion, alleging use since August 1963, and the opposition thereto by Gravel Cologne, Inc., appellant, registrant of "GRAVEL" for men's cologne.2 For reasons hereinafter appearing,...

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