David Crystal, Inc. v. Shelburne Shirt Co.

Baldwin, Judge.

Appeal is taken from the decision of the Trademark Trial and Appeal Board,1 dismissing the opposition filed by appellant David Crystal, Inc., to registration2 of the trademark CRYSTALAIRE for “men’s and boys’ wearing apparel — namely, dress and sport shirts.” As it is presented in appellee’s application, the mark is somewhat stylized:

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The application gives 1953 for both the date of first use and the date of first use in commerce.

Appellant bases its opposition on an number of its registered trademarks, all based to some degree on the word CRYSTAL. 3 All of the marks relied on by…