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FORMICA CORP. v. LEFKOWITZ

Appeal No. 79-526. Cancellation No. 11,955.

590 F.2d 915 (1979)

FORMICA CORPORATION, Petitioner, v. Saul F. LEFKOWITZ, David Kera, and Janet E. Rice, Members, Patent and Trademark Office, Trademark Trial and Appeal Board, Federal Trade Commission, Petitioner in Cancellation Proceeding No. 11,955, Respondents.

United States Court of Customs and Patent Appeals.

January 25, 1979.

Attorney(s) appearing for the Case

Stanton T. Lawrence, Jr., Philip T. Shannon, Pennie & Edmonds, New York City, Walter L. Stratton, Vivian Polak, Donovan, Leisure, Newton & Irvine, New York City, John M. Mackey, Wayne, N. J., for petitioner.

John H. Evans, Lynne E. Petros, Federal Trade Commission, Denver, Colo., Joseph F. Nakamura, Sol. U. S. Patent and Trademark Office, Washington, D. C., for respondents.

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

On Petition for Writs of Mandamus and Prohibition

RICH, Judge.

The basic proceeding to which the present matter relates is a trademark cancellation proceeding, No. 11,955, in the United States Patent and Trademark Office (PTO).1 The trademark is FORMICA and the cancellation petitioner is the Federal Trade Commission (FTC). The FTC's petition was filed May 31, 1978. The respondent therein is Formica Corporation, owner of the mark...

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