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BURSTEIN v. SEVEN-UP CO.

Patent Appeal No. 4331.

111 F.2d 903 (1940)

BURSTEIN v. SEVEN-UP CO.

Court of Customs and Patent Appeals.

May 29, 1940.

Attorney(s) appearing for the Case

M. E. Jones, of Washington, D. C., for appellant.

No appearance 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 that of the Examiner of Interferences sustaining an opposition made by appellee to the registration by appellant of the notation "Hy Up" displayed upon a panel in association with a profile view of the man in the moon interposed between the words, and a representation of what appellant's brief describes as a "milky way or starry sky," as a trade-mark for use on non...

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