MOORE v. PROCTER & GAMBLE CO.

Patent Appeal No. 5817.

193 F.2d 194 (1951)

MOORE v. PROCTER & GAMBLE CO.

United States Court of Customs and Patent Appeals.

December 18, 1951.


Attorney(s) appearing for the Case

Parry, Miller & Peverill, Washington, D. C. (Edmund H. Parry, Jr., Washington, D. C., of counsel), for appellant.

Allen & Allen, Cincinnati, Ohio (Erastus S. Allen, Cincinnati, Ohio, of counsel), for appellee.

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


O'CONNELL, Judge.

This is an appeal from the decision of the Assistant Commissioner of Patents, 85 U.S.P.Q. 176, acting for the commissioner in an opposition proceeding instituted by appellee, owner and prior user of the mark "Duz," together with the slogan "Does More," against the registration of appellant's mark "Duz Mor."

"Duz Mor" has been used since March of 1943 by appellant or its assignor in the sale in packages of louse powder for poultry, livestock...

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