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TIFFANY & BROADWAY v. COMMISSIONER OF PATENTS

No. CIV. A. H-99-179.

167 F.Supp.2d 949 (2001)

TIFFANY & BROADWAY, INC., Plaintiff, v. COMMISSIONER OF PATENTS AND TRADEMARKS, Defendant.

United States District Court, S.D. Texas, Houston Division.

August 30, 2001.

Attorney(s) appearing for the Case

Alton W. Payne, Jr., Houston, TX, for Plaintiff.

John B. Kinchen, Vernon L. Lewis, Assistant U.S. Attorneys, Houston, TX, for Defendant.

Opinion on Summary Judgment

HUGHES, District Judge.

1. Introduction.

Tiffany & Broadway, Inc., seeks judicial review of the appeal board's decision affirming the patent office's denial of its application to register "Tiffany" for ladies' dress shoes. The office refused because of its confusing similarity to four registrations by Tiffany & Company of New York. "Tiffany" is likely to cause confusion with Tiffany & Company's marks...

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