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CHICAGO DIETETIC SUPPLY HOUSE, INC. v. PERKINS PROD. CO.

Patent Appeal No. 6543.

280 F.2d 155 (1960)

CHICAGO DIETETIC SUPPLY HOUSE, INC. v. PERKINS PRODUCTS COMPANY (General Foods Corporation, Assignee, Substituted).

United States Court of Customs and Patent Appeals.

June 29, 1960.

Attorney(s) appearing for the Case

John B. Hosty, Chicago, Ill., for appellant.

Francis C. Browne, Washington, D. C., Frederick F. Mack, White Plains, N. Y. (Gordon R. Brown, White Plains, N. Y., of counsel), for appellee.

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

SMITH, Judge.

This is an appeal from the decision of the Assistant Commissioner of Patents, 120 USPQ 91, reversing the decision of the Examiner of Interferences and sustaining the opposition filed under section 13 of the Trademark Act of 1946, 15 U.S.C.A. § 1063, by appellee, to an application, serial No. 699,061, filed November 29, 1955, by appellant to register the name "Cool Sip" under section 2 of said act, 15 U.S.C.A. § 1052, as a trademark for a liquid...

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