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MERRITT CORPORATION v. STERLING DRUG, INC.

Patent Appeal No. 6528.

277 F.2d 956 (1960)

MERRITT CORPORATION v. STERLING DRUG, INC.

United States Court of Customs and Patent Appeals.

May 3, 1960.

Attorney(s) appearing for the Case

Bass & Friend, New York City, Ben Cohen, Washington, D. C., for appellant.

James F. Hoge, Lenore B. Stoughton, Mercer L. Stockell, New York City, E. F. Wenderoth, Washington, D. C., for appellee.

Before WORLEY, Chief Judge, RICH, MARTIN, and SMITH, Judges, and FRANCIS L. VAN DUSEN, Judge.

WORLEY, Chief Judge.

This appeal from the Trademark Trial and Appeal Board of the United States Patent Office involves an opposition by appellee to appellant's application for registration of "Superin" as a trademark for "an aspirin suppository product." The opposition is based on appellee's registration and prior use of "Suprarenin" as a trademark for a synthetic epinephrine preparation "for the treatment of diseases of...

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