Danskin, Inc. v. Dan River, Inc.

BALDWIN, Judge.

This is an appeal from the decision of the Trademark Trial and Appeal Board (abstracted at 176 USPQ 224 (1972)), adhered to on reconsideration, granting applicant-appellee’s motion for summary judgment, thereby dismissing the opposition of appellant to the registration by appellee of DANSHEER1 as a trademark for “men’s, women’s and children’s hose and hosiery and pantyhose.” Op-poser-appellant relied upon registrations of its trademark DANSKIN2 for knitted articles of clothing, particularly leotards, tights, hosiery, pantyhose, and similar products.

*1387Appellee moved for summary…