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PAULA PAYNE PRODUCTS CO. v. JOHNSON PUBLISHING CO., INC.

Patent Appeal No. 8876.

473 F.2d 901 (1973)

PAULA PAYNE PRODUCTS COMPANY, Appellant, v. JOHNSON PUBLISHING COMPANY, INC., Appellee.

United States Court of Customs and Patent Appeals.

March 1, 1973.

Attorney(s) appearing for the Case

Edward G. Fenwick, Jr., Washington, D. C., Mason, Fenwick & Lawrence, Washington, D. C., attorneys of record, for appellant.

Leonard S. Knox, Chicago, Ill., attorney of record, for appellee.

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

LANE, Judge.

This is an appeal from the decision of the Trademark Trial and Appeal Board, abstracted at 166 USPQ 512 (1970), dismissing an opposition lodged by appellant, registrant1 of SPRAY 'N STAY for "hair spray," to the registration2 of SPRAY `N' GLOW for "hair conditioner or hair brightener spray." Both parties took testimony and introduced exhibits into evidence. The board concluded from the record that...

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