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WRAP-ON COMPANY INC. v. W.R. GRACE & CO.

Patent Appeal No. 8821.

470 F.2d 1046 (1973)

WRAP-ON COMPANY, INC., Appellant, v. W. R. GRACE & CO., Appellee.

United States Court of Customs and Patent Appeals.

January 11, 1973.

Attorney(s) appearing for the Case

Jerome Gilson, Richard H. Compere, Chicago, Ill., attys. of record, for appellant. Hume, Clement, Hume & Lee, Ltd., Chicago, Ill., of counsel.

Kenneth E. Prince, Charles L. Harness, Clarksville, Md., attys. of record, for appellee. C. Willard Hayes, Washington, D. C. (Cushman, Darby & Cushman), Washington, D. C., of counsel.

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

ALMOND, Judge.

This is an appeal from a decision of the Trademark Trial and Appeal Board, one member dissenting, 165 USPQ 473 (1970), that the trademarks "PLUMB OUT" and "PLUMITE," used in connection with cleaning preparations for plumbing fixtures and drains, are likely to cause confusion, deception or mistake within the purview of the Lanham Act (15 U.S.C. § 1052(d)).

Appellant, Wrap-On Company, Inc., filed...

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