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J. C. ENO (U. S.) LIMITED v. COE

No. 7263.

106 F.2d 858 (1939)

J. C. ENO (U. S.) Limited v. COE, Commissioner of Patents.

United States Court of Appeals for the District of Columbia.

Decided June 30, 1939.

Attorney(s) appearing for the Case

Frederic D. McKenney, John S. Flannery, G. Bowdoin Craighill, and Caesar L. Aiello, all of Washington, D. C., for appellant.

R. F. Whitehead, United States Patent Office, of Washington, D. C., for appellee.

Before GRONER, Chief Justice, and EDGERTON and RUTLEDGE, Associate Justices.

EDGERTON, Associate Justice.

Edward J. Deshayes applied to the Patent Office for registration of the trademark ENO, for use on a composition intended for cleaning silver, glass, etc. Appellant, which owned and used the same registered mark on an effervescent fruit salt for medicinal use, filed an opposition. The Patent Office dismissed appellant's opposition and granted the application of Deshayes, on the ground that appellant's goods and those of Deshayes were not...

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