HILLYARD CHEMICAL CO. v. VESTAL LABORATORIES

Patent Appeals Nos. 5971, 5982.

206 F.2d 926 (1953)

HILLYARD CHEMICAL CO. v. VESTAL LABORATORIES, Inc. VESTAL LABORATORIES, Inc. v. HILLYARD CHEMICAL CO.

United States Court of Customs and Patent Appeals.

Rehearing Denied September 28, 1953.


Attorney(s) appearing for the Case

Claude A. Fishburn, Kansas City, Mo., for Hillyard Chemical Co.

Alfred W. Petchaft, St. Louis, Mo., for Vestal Laboratories, Inc.

Before O'CONNELL, JOHNSON, WORLEY, COLE, and JACKSON (retired), Judges.


O'CONNELL, Judge.

These respective appeals considered on the same record involve review of the decisions of the Examiner-in-Chief of the United States Patent Office, acting for the Commissioner of Patents, in an opposition and a cancellation proceeding instituted between the same parties relating to three marks, "Shine-All," "Briten-All," and "Briten-Zit," used by them in the sale of a cleaning and polishing compound for furniture, woodwork, etc. 92 USPQ 289.

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