No. 92-1222. March 9, 1993. Anthony L. Fletcher, Hunton Williams, New York City, argued, for appellant. Linda M. Skoro, Associate Sol., Office of the Sol., Arlington, VA, argued, for appellee. With her on the brief, were Fred E. McKelvey, Sol. and Albin F. Drost, Deputy Sol. Of counsel, were Richard E. Schafer, John W. Dewhirst and Lee E. Barrett. Appeal from the Trademark Trial and Appeal Board of the Patent and Trademark Office. Before RICH, Circuit Judge, COWEN, Senior Circuit Judge, and PLAGER
Patent Appeal No. 6469. April 12, 1960. Smith, Kilpatrick, Cody, Rogers McClatchey, Atlanta, Ga. (Ernest P. Rogers, Atlanta, Ga., of counsel), for appellant. John Flam, Los Angeles, Cal., for appellee. Before WORLEY, Chief Judge, and RICH, MARTIN, SMITH, and JOHNSON, retired, Associate Judges. WORLEY, Chief Judge. Appellant owns and is the prior user of the trademark "Ingenue" on shoes and hosiery. Appellee seeks registration of the identical mark for use on brassieres. The Commissioner, through