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LINCOLN LOGS LTD. v. LINCOLN PRE-CUT LOG HOMES

No. 91-1367.

971 F.2d 732 (1992)

LINCOLN LOGS LTD., Appellant, v. LINCOLN PRE-CUT LOG HOMES, INC., Appellee.

United States Court of Appeals, Federal Circuit.

Rehearing Denied September 16, 1992.

Attorney(s) appearing for the Case

Simor L. Moskowitz, Fleit, Jacobson, Cohn, Price, Holman & Stern, Washington, D.C., argued, for appellant. With him on the brief, was John E. McKie.

Robert A. Jensen, Jensen & Puntigam, P.S., Seattle, Wash., argued, for appellee.

Before NIES, Chief Judge, MAYER and LOURIE, Circuit Judges.

NIES, Chief Judge.

Lincoln Logs Ltd. (Applicant) appeals from the August 31, 1990, decision in Opposition No. 80,889, by the United States Patent and Trademark Office Trademark Trial and Appeal Board (TTAB), adhered to on reconsideration by Order of March 5, 1991. The TTAB sustained the opposition by Lincoln Pre-Cut Log Homes, Inc., (Opposer) to registration by Applicant of the following mark for prefabricated homes:

Opposition is based on...

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