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SWEATS FASHIONS v. PANNILL KNITTING CO.

No. 87-1229.

833 F.2d 1560 (1987)

SWEATS FASHIONS, INC., Appellant, v. PANNILL KNITTING COMPANY, INC., Appellee.

United States Court of Appeals, Federal Circuit.

November 13, 1987.

Attorney(s) appearing for the Case

Simor L. Moskowitz, Fleit, Jacobson, Cohn & Price, Washington, D.C., argued for appellant. With him on the brief were Barbara A. Sundberg and Marsha G. Gentner.

John W. Burke, III, McGuire, Woods, Battle & Boothe, Richmond, Va., argued for appellee. With him on the brief was Elizabeth F. Edwards.

Before FRIEDMAN, Circuit Judge, MILLER, Senior Circuit Judge, and NIES, Circuit Judge.

NIES, Circuit Judge.

Sweats Fashions, Inc. (Fashions), appeals from the decision of the United States Patent and Trademark Office (PTO) Trademark Trial and Appeal Board, in Opposition No. 69,983 (May 9, 1986), which granted summary judgment in favor of Pannill Knitting Company, Inc., and dismissed the opposition. Fashions opposes the registration by Pannill of the mark ULTRA SWEATS (Serial No. 430,012) for sweatshirts and sweatpants (SWEATS disclaimed) alleging likelihood...

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