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KIMBERLY-CLARK CORP. v. FORT HOWARD PAPER CO.

Appeal No. 85-902.

772 F.2d 860 (1985)

KIMBERLY-CLARK CORPORATION, Appellant, v. FORT HOWARD PAPER COMPANY, Appellee.

United States Court of Appeals, Federal Circuit.

September 6, 1985.

Attorney(s) appearing for the Case

Dean A. Olds, Willian, Brinks, Olds, Hofer, Gilson & Lione, Ltd., Chicago, Ill., argued for appellant. With him on brief was Thomas M. O'Malley, Chicago, Ill.

Boyd A. Tracy, Kimberly-Clark Corp., Neenah, Wis., of counsel.

George P. McAndrews, Allegretti, Newitt, Witcoff & McAndrews, Ltd., Chicago, Ill., argued for appellee. With him on brief were L. Michael Jarvis, Allegretti, Newitt, Witcoff & McAndrews, Ltd., Chicago, Ill., of counsel, and Joseph D. Kaufman, Fort Howard Paper Co., Green Bay, Wis., of counsel.

Before FRIEDMAN, DAVIS and NIES, Circuit Judges.

NIES, Circuit Judge.

This appeal is from the decision of the Trademark Trial and Appeal Board (TTAB) of the Patent and Trademark Office (PTO) sustaining an opposition by Fort Howard Paper Company to registration by Kimberly-Clark Corporation of the mark KIMTEX for "non-woven fabric articles, namely, wiping cloths."1 The board held, inter alia, that a settlement agreement entered into in 1924 between the applicant's predecessor and...

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