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ELDER MFG. CO. v. INTERNATIONAL SHOE CO.

Patent Appeal No. 5834.

194 F.2d 114 (1952)

ELDER MFG. CO. v. INTERNATIONAL SHOE CO.

United States Court of Customs and Patent Appeals.

January 29, 1952.

Attorney(s) appearing for the Case

Alfred W. Petchaft, St. Louis, Mo. (Lloyd W. Patch, Washington, D. C., of counsel), for appellant.

Lawrence C. Kingsland, Edmund C. Rogers, and Estill E. Ezell, all of St. Louis, Mo. (Kingsland, Rogers & Ezell, St. Louis, Mo., of counsel), for appellee.

Before JACKSON, Acting Chief Judge, and O'CONNELL, JOHNSON and WORLEY, Judges.

JOHNSON, Judge.

This is an appeal in a trade-mark opposition proceeding from the decision of the Commissioner of Patents, speaking through the Assistant Commissioner, 86 U.S.P.Q. 269, reversing the decision of the Examiner of Interferences sustaining the notice of opposition of appellant, and holding that appellee was entitled to the registration of the notation "Sundial Mark Twain" as a trade-mark for use on boots and shoes of leather, fabric and/or combination thereof...

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