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VITAMIN CORPORATION v. AMERICAN HOME PRODUCTS CORP.

Patent Appeal No. 5413.

166 F.2d 203 (1948)

VITAMIN CORPORATION OF AMERICA v. AMERICAN HOME PRODUCTS CORPORATION.

Court of Customs and Patent Appeals.

February 10, 1948.

Attorney(s) appearing for the Case

Richards & Geier, of New York City, and Lee L. Townshend, of Washington, D. C., for appellant.

Thomas L. Mead, Jr., of Washington, D. C. (Louis H. Baer, of New York City, of counsel), for appellee.

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

JACKSON, Associate Judge.

Appellant filed on February 24, 1943, an application for the registration, under the Trade-Mark Act of February 20, 1905, 15 U.S.C.A. § 81 et seq., of its trade-mark "VCA" extending laterally on an outline map of the United States, which is held in the hands of a naked giant. The torso and outspread arms of the giant appear above the map, and his legs show under the map, with some shading indicating the ground upon which he stands. The...

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