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SELVA & SONS, INC. v. NINA FOOTWEAR, INC.

Appeal No. 82-586. Cancellation No. 12801.

705 F.2d 1316 (1983)

SELVA & SONS, INC., Appellant, v. NINA FOOTWEAR, INC., Appellee.

United States Court of Appeals, Federal Circuit.

April 12, 1983.

Attorney(s) appearing for the Case

Arthur O. Klein, New York City, argued for appellant. With him on brief were Alfred W. Vibber and Mark J. Regen, New York City.

Steven H. Bazerman, New York City, argued for appellee. With him on brief were Eric D. Offner, Angelo Notaro, Julius Rabinowitz and Perla M. Kuhn, New York City, of counsel.

Before RICH, NICHOLS and BALDWIN, Circuit Judges.

RICH, Circuit Judge.

This appeal is from the October 7, 1981, decision of the Trademark Trial and Appeal Board (board) of the United States Patent and Trademark Office (PTO) dismissing appellant's petition to cancel appellee's registration No. 875,184, issued August 19, 1969 of the mark NINA for ladies' shoes. Dismissal resulted from appellee's motion to dismiss on various grounds, as hereinafter explained. The board's decision is in part vacated, in part reversed...

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