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KING KOLA MFG. CO. v. COCA-COLA CO.

Patent Appeal No. 4006.

99 F.2d 983 (1938)

KING KOLA MFG. CO. v. COCA-COLA CO.

Court of Customs and Patent Appeals.

November 28, 1938.

Attorney(s) appearing for the Case

Clarence A. O'Brien, of Washington, D. C. (Thomas E. Turpin, Clarence R. Gorman, and Joseph A. O'Connell, all of Washington, D. C., of counsel), for appellant.

Harold Hirsch, Marion Smith, Frank Troutman, and Roy S. Jones, all of Atlanta, Ga., Edward S. Rogers, of Chicago, Ill., and Thomas L. Mead, Jr., of Washington, D. C., for appellee.

Before GARRETT, Presiding Judge, and HATFIELD, LENROOT, and JACKSON, Associate Judges.

GARRETT, Presiding Judge.

We are here called upon to review the decision of the Commissioner of Patents, speaking through the assistant commissioner, in which he reversed the decision of the Examiner of Interferences and sustained the opposition of appellee to appellant's application for the registration, as a trade-mark for use on a syrup and nonalcoholic beverage, of the notation "King Kola," printed in block type arranged in V-shaped formation in association with...

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