MALCOLM NICOL & CO., INC. v. WITCO CORP.

89-1070.

881 F.2d 1063 (1989)

MALCOLM NICOL & CO., INC., Appellant, v. WITCO CORPORATION, Appellee.

United States Court of Appeals, Federal Circuit.

August 1, 1989.


Attorney(s) appearing for the Case

Stuart J. Friedman, Sixbey, Friedman, Leedom & Ferguson, Falls Church, Va., argued, for appellant with him on the brief was Daniel W. Sixbey.

Robert E. Wagner, Wallenstein, Wagner & Hattis, Ltd., Chicago, Ill., argued for appellee with him on the brief were Sidney Wallenstein and Alan L. Barry.

Before RICH, Circuit Judge, MILLER, Senior Circuit Judge, and ARCHER, Circuit Judge.


JACK R. MILLER, Senior Circuit Judge.

This cancellation proceeding was initiated by Witco Corporation ("Witco") against Malcolm Nicol & Co., Inc.'s ("Nicol's") U.S. trademark registration No. 1,311,927, dated January 1, 1985, for the trademark BRITOL as applied to mineral oil in International Class 4. Witco's petition is grounded on its alleged use of BRITOL to identify a mineral oil before Nicol's application date of March 15, 1984.1

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