New Castle Products, Inc. v. American Door Company, Inc.

WORLEY, Chief Judge.

Applicant-appellee seeks registration of “Magna-Fold” for “Doors of Accordion Pleated Extensible and Contractable Type Having a Folded Frame and a Flexible Sheet Covering of the Accordion Folded Type.” Registrant-appellant opposes on the basis of prior use and registration of “Modernfold” for “Fabric Covered Folding Door:” 1 “Fabric And Like Covered Collapsible Metal Frame Units Serviceable As Partition And Door Type Closures:” 2 and “Foldable And Slidable Doors And Partitions.” 3

Since opposer is the prior user and the goods of the parties are essentially the same, the…