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COPELANDS' ENTERPRISES, INC. v. CNV, INC.

Nos. 89-1053, 89-1079.

887 F.2d 1065 (1989)

COPELANDS' ENTERPRISES, INC. d/b/a Copelands' Sports, Appellant, v. CNV, INC., Appellee.

United States Court of Appeals, Federal Circuit.

October 13, 1989.

Attorney(s) appearing for the Case

Douglas E. Olson, Lyon & Lyon, Los Angeles, Cal., argued, for appellant. With him on the brief, was Dale Nelson. Also on the brief, was Daniel J. Meaney, Jr., Santa Barbara, Cal., of counsel.

G. Hamilton Loeb, Paul, Hastings, Janofsky & Walker, Washington, D.C., argued, for appellee. With him on the brief, were Karen E. Silverman and Allen S. Resnick.

Albin F. Drost and Fred McKelvey, Office of the Sol., of Arlington, Va., were on the brief, for amicus curiae.

Before MARKEY, Chief Judge, FRIEDMAN, RICH, NIES, NEWMAN, BISSELL, ARCHER, MAYER and MICHEL, Circuit Judges.

ORDER

ARCHER, Circuit Judge.

This consolidated appeal arises from the August 1988 orders of the United States Patent and Trademark Office (PTO) Trademark Trial and Appeal Board (TTAB or Board) in Cancellation No. 16,128 and Opposition No. 75,373. In each proceeding, the Board granted partial summary judgment dismissing an allegation of trademark registration symbol misuse, but denied summary judgment and scheduled trial on other issues, which, if decided...

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