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CONSOLIDATED CIGAR CORPORATION v. LANDAW LIMITED

Patent Appeal No. 8888.

474 F.2d 1402 (1973)

CONSOLIDATED CIGAR CORPORATION, Appellant, v. M. LANDAW LIMITED, Appellee.

United States Court of Customs and Patent Appeals.

March 29, 1973.

Attorney(s) appearing for the Case

William R. Liberman, New York City, of record, for appellant.

J. W. Gipple, Fleit, Gipple & Jacobson, Washington, D. C., of record, for appellee.

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

ALMOND, Senior Judge.

This is an appeal from the decision of the Trademark Trial and Appeal Board, 167 USPQ 372 (1970), involving the application of M. Landaw Limited, appellee, to register "LITTLE DUTCHMAN" for cigars, asserting first use in 1963, and the opposition thereto by Consolidated Cigar Corporation, appellant, registrant of marks consisting of or comprising the term "DUTCH MASTERS" for cigars.1

Inasmuch as appellant's...

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