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PARFUM L'ORLE v. McKESSON & ROBBINS

Patent Appeal No. 5070.

152 F.2d 1022 (1946)

PARFUM L'ORLE, Inc., v. McKESSON & ROBBINS, Inc.

Court of Customs and Patent Appeals.

January 7, 1946.

Attorney(s) appearing for the Case

David J. Moscovitz, of New York City (Robert I. Dennison, of Washington, D. C., of counsel), for appellant.

Samuel Herrick, of Washington, D. C., for appellee.

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

JACKSON, Associate Judge.

On August 5, 1942, appellant filed in the United States Patent Office an application for registration of the mark "Lorodo" as applied to "a deodorant in solid form." The application was published in the Official Gazette, September 29, 1942. On October 19, 1942, appellee filed its notice of opposition, alleging use of the trade mark "Yodora" as applied to a deodorant since November 18, 1927, and that the said mark had been registered by it...

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