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B.V.D. LICENSING CORP. v. BODY ACTION DESIGN, INC.

No. 87-1646.

846 F.2d 727 (1988)

The B.V.D. LICENSING CORPORATION, Appellant, v. BODY ACTION DESIGN, INC., Appellee.

United States Court of Appeals, Federal Circuit.

April 28, 1988.

Attorney(s) appearing for the Case

Oliver P. Howes, Nims, Howes, Collison & Isner, New York City, argued, for appellant. With him on the brief was William K. Guild. Also on the brief was Joyce M. Russell, Bowling Green, Ky., of counsel.

Stewart J. Bellus, Kuhn & Muller, New York City, argued, for appellee. With him on the brief was Perla M. Kuhn.

Before RICH, Circuit Judge, NICHOLS, Senior Circuit Judge, and NIES, Circuit Judge.

RICH, Circuit Judge.

The July 2, 1987, decision of the Patent and Trademark Office Trademark Trial and Appeal Board (board) dismissing opposition No. 72,022 to the registration of the mark shown below as a trademark for "men's, women's and children's clothing — namely, blouses, pants, jackets, dresses, shirts, undergarments, socks and footwear," application Serial No. 493,403, filed August 6, 1984, claiming first use...

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