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HOLLISTER INCORPORATED v. DOWNEY

Appeal No. 77-595.

565 F.2d 1208 (1977)

HOLLISTER INCORPORATED, Opposer-Appellant, v. Dixon P. DOWNEY, Applicant-Appellee.

United States Court of Customs and Patent Appeals.

December 1, 1977.

Attorney(s) appearing for the Case

David M. Allen, Chicago, Ill., atty. of record, for appellant, Richard T. Zwirner, and Judith L. Borden, Chicago, Ill., of counsel.

John H. Oltman, Fort Lauderdale, Fla., atty. of record, for appellee.

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

MARKEY, Chief Judge.

Appeal from a decision of the Trademark Trial and Appeal Board (board) dismissing an opposition to the registration of LINE O SIGHT, application serial No. 448,893. We reverse and remand.

Background

Hollister, Inc. (Hollister) opposed Downey's effort to register LINE O SIGHT on grounds of confusing similarity with Hollister's previously used and registered trademark LINE-O-VISION. Hollister pleaded its registration Nos...

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