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NATIONAL DIST. & CH. CORP. v. WILLIAM GRANT & SONS, INC.

Patent Appeal No. 74-566.

505 F.2d 719 (1974)

NATIONAL DISTILLERS AND CHEMICAL CORPORATION, Appellant, v. WILLIAM GRANT & SONS, INC., Appellee.

United States Court of Customs and Patent Appeals.

November 27, 1974.

Attorney(s) appearing for the Case

David S. Patterson, Breed, Abbott & Morgan, New York City, atty. of record, for appellant. Gerald J. Craugh, New York City, of counsel.

Edward G. Fenwick, Jr., Mason, Fenwick & Lawrence, Washington, D. C., atty. of record, for appellee.

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

RICH, Judge.

This appeal is from the decision of the Patent Office Trademark Trial and Appeal Board, 180 USPQ 342 (1973), sustaining appellee's opposition to the registration of DUET as a trademark for prepared alcoholic cocktails, application serial No. 333,597 filed July 25, 1969, claiming first use July 11, 1969. Incidental to this appeal on the merits, appeal was simultaneously taken from a much earlier decision of the board of March 20, 1972, abstracted at 173...

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