CHICAGO PHARMACAL CO. v. AMERICAN HOME PROD. CORP.

Patent Appeal No. 6573.

280 F.2d 148 (1960)

CHICAGO PHARMACAL COMPANY, Appellant, v. AMERICAN HOME PRODUCTS CORPORATION, Appellee.

United States Court of Customs and Patent Appeals.

July 6, 1960.


Attorney(s) appearing for the Case

Brezina & Buckingham, John Charles Brezina, Chicago, Ill. (John F. Brezina, Chicago, Ill., of counsel), for appellant.

Mortimer Altin, New York City, for appellee.

Before WORLEY, Chief Judge, and RICH, MARTIN and SMITH, Judges, and Judge WILLIAM H. KIRKPATRICK.


MARTIN, Judge.

This appeal raises the question, under Section 2(d) of the Lanham Act, 15 U.S.C.A. § 1052(d), whether "Phenistan" when applied to a "Medicinal preparation used for relief of nasal congestion accompanying the common cold, rhinitis, sinusitis, and used in the treatment of spasmodic bronchial coughs," so resembles "Phenergan," a "Product having antihistaminic properties * * *," as to be likely to cause confusion or mistake or deception of purchasers...

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