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FORT DODGE LABORATORIES v. HAEUSSLER

Patent Appeal No. 6209.

234 F.2d 506 (1956)

FORT DODGE LABORATORIES, Inc., Appellant, v. E. L. HAEUSSLER, Appellee.

United States Court of Customs and Patent Appeals.

June 21, 1956.

Attorney(s) appearing for the Case

Mortimer Altin, New York City (Louis H. Baer, Merrick, N. Y., of counsel), for appellant.

Harris, Kiech, Foster & Harris, and Warren L. Kern, Los Angeles, Cal. (Robert E. LeBlanc, Washington, D. C., of counsel), for appellee.

Before JOHNSON, Acting Chief Judge, and WORLEY, COLE, and JACKSON, retired, Associate Judges.

COLE, Judge.

This is an appeal from the decision of the Assistant Commissioner of Patents, affirming a decision of the Examiner of Interferences, dismissing an opposition by Fort Dodge Laboratories, Inc., appellant here, to an application by E. L. Haeussler for registration of the trademark "Fortogenol" for "a multivitamin and mineral product." Appellant did not rely on any prior registration, but based its opposition on its use of the trademark "Fortogen" on "an...

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