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OTARD v. ITALIAN SWISS COLONY

Patent Appeals Nos. 4837-4848.

141 F.2d 706 (1944)

OTARD, Inc., v. ITALIAN SWISS COLONY, and eleven other cases.

Court of Customs and Patent Appeals.

March 6, 1944.

Attorney(s) appearing for the Case

Asher Blum, of New York City (Hugo Mock, of New York City, of counsel), for Otard, Inc.

Maurice J. Moore, of New York City, for Schieffelin & Co.

Edmund H. Parry, Jr., of Washington, D.C. (Parry & Miller, of Washington, D. C., of counsel) for Canada Dry Ginger Ale, Inc., Julius Wile Sons & Co., Inc., F-C-G Importers, Inc., and Park & Tilford Import Corporation.

Jackson & Webster, of San Francisco, Cal. (Chas. R. Allen, and William H. Mackay, both of Washington, D. C., of counsel), for Italian Swiss Colony.

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

GARRETT, Presiding Judge.

Each case above listed presents an appeal from the decision of the Commissioner of Patents (speaking through an assistant commissioner) in a trade-mark opposition proceeding. By reason of the similarity of the issues involved all the cases are covered by a consolidated record. The cases were briefed and argued together, three briefs being filed on behalf of different of the appellants and one on behalf of appellee. The appellee in each case...

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