Rice-Stix Dry Goods Co. v. Industrial Undergarment Corp.

O’CoNNEll, Judge,

delivered tbe opinion of the court:

This is an appeal from tbe decision of tbe Commissioner of Patents, rendered by the First Assistant, 61 USPQ 452, which affirmed tbe action of the Examiner of Trade-Mark Interferences sustaining an opposition to the registration of the mark “Stardom” as applied to piece *814goods consisting of cotton percale on tbe ground'that under Section 5 of the Act of 1905 the mark is cohfusingly similar to the previously registered trade-mark “Stardust” as applied to ready-made rayon slips for women.

Both sides took testimony and it appears from the record…