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PABST-ETT CORPORATION v. DR. W. J. ROSS CO.

Patent Appeal No. 4483.

120 F.2d 390 (1941)

PABST-ETT CORPORATION v. DR. W. J. ROSS CO.

Court of Customs and Patent Appeals.

June 9, 1941.

Attorney(s) appearing for the Case

Cyril A. Soans and William E. Anderson, both of Chicago, Ill., for appellant.

Jackson & Webster, of San Francisco, Cal. (Chas. R. Allen and Wm. G. MacKay, both of Washington, D. C., of counsel), for appellee.

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

BLAND, Associate Judge.

The appellee filed its application in the United States Patent Office for the registration of its mark "Nippy" for use on "Canned Dog and Cat Food." Appellant filed opposition to the registration, based upon its prior use of the mark "Nippy" on cheese.

The Examiner of Interferences sustained the opposition and adjudged that the applicant was not entitled to the registration for which it had made application. Appeal was taken to the...

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