ISLAND ROAD BOTTLING CO. v. DRINKMOR BEVERAGE CO.

Patent Appeal No. 4789.

132 F.2d 129 (1942)

ISLAND ROAD BOTTLING CO. v. DRINKMOR BEVERAGE CO.

Court of Customs and Patent Appeals.

November 5, 1942.


Attorney(s) appearing for the Case

A. D. Caesar and Charles W. Rivise, both of Philadelphia, Pa., for appellant.

Charles R. Allen, of Washington, D. C., for appellee.

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


PER CURIAM.

The Drink-Mor Beverage Company, named as appellee in this proceeding, has filed a motion to correct diminution of the record, setting forth that a certain Trade-Mark Registration No. 347,478 should be included in the record certified to this Court by the Commissioner of Patents.

It appears that appellant is an applicant for a Trade-Mark Registration of the notation "Mammy's" used upon non-alcoholic beverages and syrups, etc., used in making the...

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