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LEVI STRAUSS & CO. v. GENESCO, INC.

Appeal No. 84-643.

742 F.2d 1401 (1984)

LEVI STRAUSS & CO., Applicant/Appellant, v. GENESCO, INC., Opposer/Appellee.

United States Court of Appeals, Federal Circuit.

August 16, 1984.

Attorney(s) appearing for the Case

John F. Sutton, San Francisco, Cal., argued for applicant/appellant.

Virginia S. Taylor, Atlanta, Ga., argued for opposer/appellee. With him on the brief was Miles J. Alexander, Atlanta, Ga.

Before MARKEY, Chief Judge, and FRIEDMAN and KASHIWA, Circuit Judges.

MARKEY, Chief Judge.

Appeal from a grant of summary judgment by the Trademark Trial and Appeal Board (Board) of the U.S. Patent and Trademark Office (PTO) to opposer Genesco, Inc., (Genesco). Levi Strauss & Co. (Levi) sought registration on the principal register for a mark consisting of an unlettered orange tab protruding from a structural seam of a shoe. The tab is shown in this drawing in the opposed Application Serial No. 62,247.

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