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HYDRA MAC, INC. v. MACK TRUCKS, INC.

Patent Appeal No. 74-559.

507 F.2d 1399 (1975)

HYDRA MAC, INC., Appellant, v. MACK TRUCKS, INC., Appellee.

United States Court of Customs and Patent Appeals.

January 9, 1975.

Attorney(s) appearing for the Case

Herman H. Bains, Minneapolis, Minn., attorney of record, for appellant.

Donald W. Canady, Beverly Hills, Cal., G. Cabell Busick, Washington, D. C., attorneys 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 147 (1973), sustaining the opposition by appellee, registrant of MACK for motor trucks and related goods since 1921, to the registration of appellant's mark MITEY MAC for front-end loaders, first use of which was in 1970. Familiarity with the board's opinion is assumed. We affirm.

We find no error in the board's findings of fact or in its conclusion...

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