VAN DYNE-CROTTY, INC. v. WEAR-GUARD CORP.

Nos. 90-1276, 90-1277.

926 F.2d 1156 (1991)

VAN DYNE-CROTTY, INC., Appellant, v. WEAR-GUARD CORPORATION, Cross-Appellant.

United States Court of Appeals, Federal Circuit.

February 25, 1991.


Attorney(s) appearing for the Case

Gail L. Morrissey, Frost & Jacobs, Cincinnati, Ohio, argued, for appellant. With her on the brief, were James D. Liles and Kenneth B. Germain.

Milton Springut, Lieberman Rudolph & Nowak, New York City, argued, for cross-appellant. With him on the brief, were David A. Kalow and Kevin S. Rhoades.

Before RICH, NEWMAN, and MICHEL, Circuit Judges.


MICHEL, Circuit Judge.

Van Dyne-Crotty, Inc. ("Van Dyne-Crotty" or "VDC") appeals from the final decision of the United States Patent and Trademark Office, Trademark Trial and Appeal Board ("Board"), granting Wear-Guard Corporation's ("Wear-Guard") petition to cancel VDC's registration of the block letter trademark "CLOTHES THAT WORK" (No. 1,396,746). Wear-Guard Corp. v. Van Dyne-Crotty, Inc., Can. No. 16,340 (TTAB Jan. 24, 1990). The Board based the cancellation...

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