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METRO TRAFFIC CONTROL, INC. v. SHADOW NETWORK INC.

No. 96-1153.

104 F.3d 336 (1997)

METRO TRAFFIC CONTROL, INC., Appellant, v. SHADOW NETWORK INC., and Citi Traffic Corp., Appellees.

United States Court of Appeals, Federal Circuit.

Rehearing Denied February 5, 1997.

Attorney(s) appearing for the Case

Roberta Jacobs-Meadway, Panitch Schwarze Jacobs & Nadel, P.C., Philadelphia, PA, argued for appellant. With her on the brief was Karol A. Kepchar.

Arthur Makadon, Ballard Spahr Andrews & Ingersoll, Philadelphia, PA, argued for appellees. With him on the brief were Jamie B. Bischoff, and Robert R. Baron, Jr. Of counsel was Diane Elizabeth Brehm.

Before PLAGER, RADER, and BRYSON, Circuit Judges.

RADER, Circuit Judge.

Metro Traffic Control, Inc. (Metro Traffic) appeals the August 25, 1996, decision of the Trademark Trial and Appeal Board (the Board) denying Metro Traffic's petition to cancel Citi Traffic Corporation's (Citi Traffic) service mark Registration No. 1,363,743 for "SHADOW TRAFFIC." Metro Traffic seeks cancellation due to Metro Traffic's alleged prior use of the registered mark and Citi Traffic's alleged fraud in the procurement of its registration...

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