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OCTOCOM SYSTEMS v. HOUSTON COMPUTER SERVICES, INC.

No. 90-1196.

918 F.2d 937 (1990)

OCTOCOM SYSTEMS, INC., Appellant, v. HOUSTON COMPUTER SERVICES, INC., Appellee.

United States Court of Appeals, Federal Circuit.

November 2, 1990.

Attorney(s) appearing for the Case

Brian M. Dingman, Law Offices of Joseph S. Iandiorio, Waltham, Mass., argued for appellant. With him on the brief was Joseph S. Iandiorio.

J. Paul Williamson, Arnold, White & Durkee, Arlington, Va., argued for appellee.

Before NIES, Chief Judge, ARCHER and CLEVENGER, Circuit Judges.

NIES, Chief Judge.

Octocom Systems, Inc. (OSI), appeals from the final decision of the U.S. Patent and Trademark Office, Trademark Trial and Appeals Board, in Opposition No. 76345, refusing registration of OSI's for "modems," Serial Numbers 618,049 and 618,030, respectively. On a motion for summary judgment, the board held that OSI's marks so resemble the previously used and registered trademark OCTACOMM for computer programs of Houston Computer Services, Inc., as...

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