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JACOB RIES BOTTLING WORKS v. COCA-COLA CO.

Patent Appeal No. 4677.

138 F.2d 56 (1943)

JACOB RIES BOTTLING WORKS, Inc., v. COCA-COLA CO.

Court of Customs and Patent Appeals.

Rehearing Denied October 4, 1943.

Attorney(s) appearing for the Case

Eugene E. Stevens, of Washington, D. C. (C. L. Parker, of Washington, D. C., of counsel), for appellant.

Spalding, Sibley, Troutman & Brock, of Atlanta, Ga. (Edward S. Rogers, of Chicago, Ill., and Joseph M. Collins, of Atlanta, Ga., 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 sustaining appellee's opposition to appellant's application for registration under the Trade-Mark Registration Act of February 20, 1905, of the notation "Rock Spring Kola" as a trade-mark for maltless, noncereal, nonalcoholic beverages, the word "Kola" being "disclaimed apart from other features of the mark shown in the drawing." The decision of the commissioner reversed that...

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