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SCHENLEY DISTILLERS, INC. v. FIBAH CORPORATION

Patent Appeal No. 8346.

466 F.2d 1406 (1970)

SCHENLEY DISTILLERS, INC., Appellant, v. FIBAH CORPORATION, Appellee.

United States Court of Customs and Patent Appeals.

November 5, 1970.

Attorney(s) appearing for the Case

Milton B. Seasonwein, New York City, attorney of record, for appellant.

Before RICH, ALMOND, BALDWIN, and LANE, Judges, and McMANUS, Judge, Northern District of Iowa, sitting by designation.

BALDWIN, Judge.

This appeal is from the decision1 of the Trademark Trial and Appeal Board dismissing an opposition by Schenley Distillers, Inc., to the registration2 by appellee, Fibah Corp., of the mark "OLE" for cologne. Appellant Schenley is the owner of a registration3 of the identical mark for use with tequila. The opposition was based on appellant's contention that the concurrent...

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