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COMMERCE DRUG COMPANY, INC. v. BOYLE & COMPANY

Patent Appeal No. 7191.

329 F.2d 1020 (1964)

COMMERCE DRUG COMPANY, Inc. d.b.a. Commerce Drug Co., Appellant, v. BOYLE & COMPANY, Appellee.

United States Court of Customs and Patent Appeals.

April 9, 1964.

Attorney(s) appearing for the Case

Richard W. Blum, New York City (Alex Friedman, New York City, and Charles R. Allen, Jr., Washington, D. C., of counsel), for appellant.

Theodore W. Miller, Chicago, Ill., for appellee.

Before WORLEY, C. J., and RICH, MARTIN, SMITH, and ALMOND, JJ.

WORLEY, Chief Judge.

Commerce Drug Company asks us to reverse the Trademark Trial and Appeal Board's decision to cancel its registration1 of "BOYLENE" for use on an antiseptic preparation for boils. Boyle & Co., petitioner, relies on prior use and registration of "Boyle"2 on "vitamin capsules, ferrous sulfate tablets, ointment for the treatment of hemorrhoids or piles, diethylstilbestrol tablets, strychnine...

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