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SUNRISE JEWELRY MFG. CORP. v. FRED S.A.

No. 98-1022.

175 F.3d 1322 (1999)

SUNRISE JEWELRY MFG. CORP., Appellant, v. FRED S.A., Appellee.

United States Court of Appeals, Federal Circuit.

April 16, 1999.

Attorney(s) appearing for the Case

Jai Ho Rho, Loeb & Loeb LLP, of Los Angeles, California, argued for appellant. Of counsel were Janice Anne Sharp and Albert F. Davis, Merchant & Gould, of Los Angeles, California.

Arthur Schwartz, Foley & Lardner, of Washington, DC, argued for appellee. With him on the brief was Cameron C. Powell.

Before PLAGER, BRYSON, and GAJARSA, Circuit Judges.

PLAGER, Circuit Judge.

Sunrise Jewelry Manufacturing Corp. ("Sunrise") petitioned the U.S. Patent and Trademark Office ("PTO") to cancel Fred S.A.'s ("Fred") registration of a "metallic nautical rope design" for clocks, watches, and jewelry. The Trademark Trial and Appeal Board ("TTAB" or "Board") dismissed the petition. See Sunrise Jewelry Mfg. Corp. v. Fred S.A., Cancellation No. 25,312 (Trademark Trial & Appeal Bd. July 24, 1997). The TTAB found that...

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