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WALGREEN CO. v. GODEFROY MFG. CO.

Patent Appeal No. 2905.

58 F.2d 457 (1932)

WALGREEN CO. v. GODEFROY MFG. CO.

Court of Customs and Patent Appeals.

May 23, 1932.

Attorney(s) appearing for the Case

Harry C. Alberts, of Chicago, Ill. (Theo. K. Bryant, of Washington, D. C., of counsel), for appellant.

Carr, Carr & Gravely, of St. Louis, Mo. (Samuel Herrick, of Washington, D. C., and Joseph J. Gravely and James A. Carr, both of St. Louis, Mo., of counsel), for appellee.

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

GRAHAM, Presiding Judge.

The appellant filed its application for registration of its trade-mark in the United States Patent Office on May 25, 1928. The mark is used on shaving cream and consists of the profile of the head and shoulders of a man, with the compound word "Peau-Doux," and underneath the same the following: "(Po-Do)." The mark is said to have been used since March 1, 1926.

The appellee opposes the registration, relying upon its registration of...

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