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JACKES-EVANS MFG. CO. v. JAYBEE MFG. CORP.

Patent Appeal No. 8886.

481 F.2d 1342 (1973)

JACKES-EVANS MANUFACTURING COMPANY, a Delaware corporation, Assignee of Jackes-Evans Manufacturing Company, a Missouri corporation, Appellant, v. JAYBEE MANUFACTURING CORPORATION, Appellee.

United States Court of Customs and Patent Appeals.

August 16, 1973.

Attorney(s) appearing for the Case

Robert E. Wagner, Chicago, Ill., atty. of record, for appellant. William T. Bullinger, Washington, D. C., of counsel.

Fred Flam, Encino, Cal. (Flam & Flam, Encino, Cal.), attys. of record, for appellee. D. Paul Weaver, Washington, D. C., of counsel.

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

BALDWIN, Judge.

This appeal is from the decision of the Trademark Trial and Appeal Board,1 sustaining an opposition to the appellant's mark, used on padlocks,2 which appears as follows:

Opposition was based on likelihood of confusion, mistake or deception with regard to the use of the following marks of appellee:

These...

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