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HAYMAKER SPORTS, INC. v. TURIAN

Appeal No. 78-532.

581 F.2d 257 (1978)

HAYMAKER SPORTS, INC., Appellant, v. Herman TURIAN, Appellee.

United States Court of Customs and Patent Appeals.

August 3, 1978.

Attorney(s) appearing for the Case

Joel S. Goldhammer, Arthur H. Seidel, Philadelphia, Pa. (Seidel, Gonda & Goldhammer, P. C.) Philadelphia, Pa., attorneys of record, for appellant.

A. D. Caesar, Philadelphia, Pa. (Caesar, Rivise, Bernstein & Cohen, Ltd.) Philadelphia, Pa., attorneys of record, for appellee.

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

MILLER, Judge.

This appeal is from a decision of the Patent and Trademark Office ("PTO") Trademark Trial and Appeal Board ("board"), 197 USPQ 32 (1977), denying in part a petition by appellant, Haymaker Sports, Inc. ("HSI"),1 to cancel the registration of the mark HAYMAKERS.2 We reverse.

Background

HSI is the owner of registrations for HAYMAKER3 and CHARLES...

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