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MIDWEST PLASTIC FABRICATORS, INC. v. UNDERWRITERS LABORATORIES, INC.

No. 90-1043.

906 F.2d 1568 (1990)

MIDWEST PLASTIC FABRICATORS, INC., Appellant, v. UNDERWRITERS LABORATORIES INC., Appellee.

United States Court of Appeals, Federal Circuit.

June 27, 1990.

Attorney(s) appearing for the Case

William C. McCoy, Jr. of Pearne, Gordon, McCoy & Granger, Cleveland, Ohio, argued for appellant. With him on the brief was Stephen A. Hill.

Francis J. Higgins of Bell, Boyd & Lloyd, Chicago, Ill., argued for appellee. With him on the brief was J. William Hayton.

Before ARCHER and MICHEL, Circuit Judges, and SENTER, District Judge.

MICHEL, Circuit Judge.

Midwest Plastic Fabricators, Inc. (Midwest) appeals the decision of the United States Patent and Trademark Office, Trademark Trial and Appeal Board (Board), denying Midwest's petition to cancel two certification mark registrations issued to Underwriters Laboratories Inc. (UL). Midwest Plastic Fabricators, Inc. v. Underwriters Laboratories Inc., 12 USPQ2d 1267 (TTAB 1989). Because the Board's findings that UL did not misuse and did control...

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