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ISLAND ROAD BOTTLING CO. v. DRINKMOR BEVERAGE CO.

Patent Appeal No. 4789.

140 F.2d 331 (1944)

ISLAND ROAD BOTTLING CO. v. DRINKMOR BEVERAGE CO.

Court of Customs and Patent Appeals.

January 3, 1944.

Attorney(s) appearing for the Case

Caesar & Rivise, of Philadelphia, Pa. (A. D. Caesar, of Philadelphia, Pa., of counsel), for appellant.

W. W. Cochran, of Washington, D. C. (R. F. Whitehead, of Washington, D. C., of counsel), for Commissioner of Patents.

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 (speaking through an assistant commissioner) in a trade-mark registration controversy which originated as an opposition proceeding, but which, by reason of the final decision of the commissioner, hereinafter stated, and the failure of Drink-Mor Beverage Company to appeal, became an ex parte case. See decision of this court in Island Road Bottling Co. v. Drink-Mor Beverage...

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