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VISA, U.S.A., INC. v. BIRMINGHAM TRUST NAT. BANK

No. 82-547.

696 F.2d 1371 (1982)

VISA, U.S.A., INC., Appellant, v. BIRMINGHAM TRUST NATIONAL BANK, Appellee.

United States Court of Appeals, Federal Circuit.

December 29, 1982.

Attorney(s) appearing for the Case

John P. Sutton, San Francisco, Cal., argued for appellant. With him on the brief was Limbach, Limbach & Sutton, San Francisco, Cal.

Thad G. Long, Birmingham, Ala., argued for appellee. With him on the brief were Haydn M. Trechsel and Bradley, Arant, Rose & White, Birmingham, Ala.

Before FRIEDMAN, BALDWIN and NIES, Circuit Judges.

FRIEDMAN, Circuit Judge.

This appeal challenges decisions of the Patent and Trademark Office Trademark Trial and Appeal Board (the Board), 212 U.S.P.Q. 115 (1981), in a consolidated proceeding involving applications by each party for registration of the mark "O.K." in various forms used in connection with check cashing services. As explained herein, the determinative issue in each case depends upon the validity of the assignment by which the appellant acquired the...

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