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HERBKO INTERN., INC. v. KAPPA BOOKS, INC.

No. 02-1047.

308 F.3d 1156 (2002)

HERBKO INTERNATIONAL, INC., Appellant, v. KAPPA BOOKS, INC., Appellee.

United States Court of Appeals, Federal Circuit.

DECIDED: September 3, 2002.

Attorney(s) appearing for the Case

Gerard F. Dunne, Law Office of Gerard F. Dunne, of New York, NY, for appellant.

George A. Smith, Jr., Howson and Howson, of Spring House, PA, for appellee.

Before RADER, GAJARSA, and PROST, Circuit Judges.

RADER, Circuit Judge.

The U.S. Patent and Trademark Office (PTO) Trademark Trial and Appeal Board (Board) granted summary judgment canceling Herbko International, Inc.'s registered trademark CROSSWORD COMPANION and design for crossword puzzle systems. Kappa Books, Inc. v. Herbko Int'l, Inc., Cancellation No. 26,378, slip op. at 7-8 (TTAB July 18, 2001) (Kappa Rehearing). The Board canceled the mark on the basis that Kappa Books, Inc., showed both prior...

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