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SHARP & DOHME v. PARKE, DAVIS & CO.

Patent Appeal No. 2233.

37 F.2d 960 (1930)

SHARP & DOHME v. PARKE, DAVIS & CO.

Court of Customs and Patent Appeals.

February 21, 1930.

Attorney(s) appearing for the Case

Pennie, Davis, Marvin & Edmonds, of New York City (Dean S. Edmonds, Frank E. Barrows, and George J. Hesselman, all of New York City, and C. M. Fisher and R. K. Stevens, both of Washington, D. C., of counsel), for appellant.

Gifford & Scull, of New York City (Newton A. Burgess, of New York City, and Horace W. Bigelow, of Detroit, Mich., of counsel), for appellee.

Before GRAHAM, Presiding Judge, and BLAND, HATFIELD, GARRETT, and LENROOT, Associate Judges.

GRAHAM, Presiding Judge.

Sharp & Dohme, of Baltimore, Maryland, filed an application for registration of a trade-mark used by it on a large number of chemicals, medicines, and pharmaceutical supplies, which it claims has been in use since February 15, 1922. The mark is thus described: "A parallelogram having rounded corners and defined by light and heavy border lines, a broad band extending across the lower end of the panel and a second band extending across the...

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