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LAURITZEN & COMPANY v. BORDEN COMPANY

Patent Appeal No. 6234.

239 F.2d 405 (1956)

LAURITZEN & COMPANY, Inc., Appellant, v. The BORDEN COMPANY, Appellee.

United States Court of Customs and Patent Appeals.

November 30, 1956.

Attorney(s) appearing for the Case

Edwin S. Booth, Chicago, Ill. (Geo. B. Newitt, Chicago, Ill., of counsel), for appellant.

J. Spencer Daly, New York City, for appellee.

Before JOHNSON, Chief Judge, and O'CONNELL, WORLEY, RICH, and JACKSON (retired), Judges.

WORLEY, Judge.

This is an appeal from the decision of the Assistant Commissioner, acting for the Commissioner of Patents, 99 U.S.P.Q. 216, reversing the decision of the Examiner of Interferences and sustaining a notice of opposition filed by appellee, The Borden Company, against an application by appellant, Lauritzen & Company, Inc., for registration of the trademark "Fortilac" as applied to "a food product in powder form containing milk serums and vegetable extracts...

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