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SKOL CO. v. OLSON

Patent Appeal No. 4988.

151 F.2d 200 (1945)

SKOL CO., Inc., v. OLSON.

Court of Customs and Patent Appeals.

Rehearing Denied September 26, 1945.

Attorney(s) appearing for the Case

Worthington Campbell, of New York City, E. F. Wenderoth, of Washington, D. C., and Mark N. Donohue, of New York City, for appellant.

Barthel & Bugbee, of Detroit, Mich., and Charles R. Allen, of Washington, D. C., for appellee.

Before GARRETT, Presiding Judge, and BLAND, HATFIELD, JACKSON, and O'CONNELL, Associate Judges.

O'CONNELL, Associate Judge.

This appeal presents two questions under Section 5 of the Trade-Mark Act of 1905, 15 U.S.C.A. § 85, to determine whether mineral water classified as a beverage is merchandise of the same descriptive properties as antiseptic sun lotion, antiseptic mouth wash, antiseptic cream, lipstick, deodorant, and Skol sun glasses which are classified as medicinal preparations; and whether "Skol," the name of appellant corporation, is appropriated...

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