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R. G. BARRY CORP. v. MUSHROOM MAKERS, INC.

Opposition No. 60346.

609 F.2d 1002 (1979)

R. G. BARRY CORPORATION, Opposer-Respondent, v. MUSHROOM MAKERS, INC., Applicant-Petitioner.

United States Court of Customs and Patent Appeals.

December 6, 1979.

Attorney(s) appearing for the Case

Leslie D. Taggart, Watson, Leavenworth, Kelton & Taggart, New York City, for petitioner Mushroom Makers, Inc.

Watson, Cole, Grindle & Watson, Washington, D. C., for opposer R. G. Barry Corp.

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

BALDWIN, Judge.

Mushroom Makers, Inc. (Mushroom Makers) has filed a "Petition for Leave to Appeal" from a decision in an opposition by the Patent and Trademark Office Trademark Trial and Appeal Board (board) in Opposition No. 60,346. The board denied Mushroom Makers' motion for summary judgment which sought to dismiss the opposition. The Petition is denied.

Background

The parties in this matter were litigants in a prior civil action involving...

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