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E. I. RUNNER CO. v. W. F. YOUNG, INC.

Patent Appeal No. 3489.

77 F.2d 638 (1935)

E. I. RUNNER CO., Inc., v. W. F. YOUNG, Inc.

Court of Customs and Patent Appeals.

May 27, 1935.

Attorney(s) appearing for the Case

Martin T. Manion, of Wheeling, W. Va. (Chas. R. Allen, of Washington, D. C., of counsel), for appellant.

Walter C. Ross, of Springfield, Mass., for appellee.

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

BLAND, Associate Judge.

This appeal relates to a trade-mark opposition proceeding in the United States Patent Office. The appellee, W. F. Young, Inc., filed opposition to the registration by the appellant, E. I. Runner Company, Inc., of the trade-mark "RōBENE." The appellee based its opposition upon its registered trade-marks involving the word "ABSORBINE" and the term "Absorbine Jr.," as follows:

No. 49,322, issued January 30, 1906, for "ABSORBINE"...

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