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

Nos. 90-1451, 90-1457.

945 F.2d 1563 (1991)

COPELANDS' ENTERPRISES, INC., dba Copelands' Sports, Appellant, v. CNV, INC., Appellee.

United States Court of Appeals, Federal Circuit.

October 1, 1991.

Attorney(s) appearing for the Case

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

Hamilton Loeb, Paul, Hastings, Janofsky & Walker, Washington, D.C., argued, Thomas A. Lorenzen and William G. Maddox, on brief, Karen E. Silverman, Paul, Hastings, Janofsky & Walker, Washington, D.C., and Allen S. Resnick, Paul, Hastings, Janofsky & Walker, of Los Angeles, Cal., for appellee.

Before RICH, ARCHER and MICHEL, Circuit Judges.

ARCHER, Circuit Judge.

Copelands' Enterprises, Inc. (Copelands) appeals from the final decision of the United States Patent and Trademark Office Trademark Trial and Appeal Board (TTAB or board) in Cancellation No. 16,128 and Opposition No. 75,373 (May 24, 1990). In these cases, the board granted the motion of CNV, Inc. (CNV) for summary judgment, holding that CNV had not "intend[ed] to deceive or mislead the public or the Office" by its "technically improper" use...

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