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WEST DISINFECTING CO. v. LAN-O-SHEEN CO.

Patent Appeals No. 5284.

163 F.2d 566 (1947)

WEST DISINFECTING CO. v. LAN-O-SHEEN CO.

Court of Customs and Patent Appeals.

Rehearing Denied September 29, 1947.

Attorney(s) appearing for the Case

Harvey B. Jacobson, of Chicago, Ill. (J. Edward Burch, of Washington, D. C., of counsel), for appellant.

Charles M. Thomas and Sidney W. Russell, both of Washington, D. C. (Stephen W. Blore, of Washington, D. C., of counsel), for appellee.

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

O'CONNELL, Associate Judge.

This is an appeal from the decision of the Commissioner of Patents in an opposition proceeding, 66 U.S.P.Q. 421, involving the question of whether, when concurrently used on goods of the same descriptive properties, consisting of cleaning preparations, the mark "Lan.o.Sheen," which appellee seeks to register, is or is not confusingly similar under section 5 of the Trade-Mark Act of 1905, 15 U.S.C.A. § 85, to appellant's previously...

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