PENRITH-AKERS MFG. CO. v. JU-C-ORANGE OF AMERICA

Patent Appeals No. 5641.

182 F.2d 211 (1950)

PENRITH-AKERS MFG. CO. v. JU-C-ORANGE OF AMERICA.

United States Court of Customs and Patent Appeals.

May 9, 1950.


Attorney(s) appearing for the Case

Charles R. Allen, Washington, D. C., for appellant.

Cushman, Darby & Cushman, Washington, D. C. (William M. Cushman and C. Willard Hayes, Washington, D. C., of counsel), for appellee.

Before GARRETT, Chief Judge, and JACKSON, O'CONNELL and JOHNSON, Judges.


O'CONNELL, Judge.

This is an appeal from the decision of the Commissioner of Patents, 76 U.S.P.Q. 58, affirming that of the Examiner of Interferences sustaining appellee's petition, filed October 4, 1944, In accordance with the provisions of the Trade-Mark Act of 1905, 33 Stat. 724, to cancel the registration of appellant's mark "Ju-See" on the ground that the mark is confusingly similar to appellee's mark "Ju-C-Orange," the word "Orange" being disclaimed apart from...

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