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PEPSODENT CO. v. PEPSINIC SELTZER CO.

Patent Appeal No. 4134.

103 F.2d 362 (1939)

PEPSODENT CO. v. PEPSINIC SELTZER CO.

Court of Customs and Patent Appeals.

Rehearing Denied June 15, 1939.

Attorney(s) appearing for the Case

Parkinson & Lane, of Chicago, Ill. (Wallace R. Lane and George Mankle, both of Chicago, and William S. Hodges, of Washington, D. C., of counsel), for appellant.

Albert E. Fay, of New York City (Charles R. Allen, of Washington, D. C., of counsel), for appellee.

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

GARRETT, Presiding Judge.

This is an appeal from the decision of the Commissioner of Patents affirming the decision of the Examiner of Interferences sustaining the opposition of appellee to registration, under the Act of February 20, 1905, 15 U.S.C.A. § 81 et seq., of the notation "Pepso-Seltzer" for use by appellant as a trade-mark for "effervescent alkalizing analgesic," the second word, "Seltzer," being "disclaimed apart from the mark as shown," and use being...

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