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ALOE CREME LABORATORIES, INC. v. TEXAS PHARMACAL CO.

No. 20807.

335 F.2d 72 (1964)

ALOE CREME LABORATORIES, INC., Appellant, v. TEXAS PHARMACAL COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied September 4, 1964.

Attorney(s) appearing for the Case

William P. Dobbins, San Antonio, Tex., and James R. McKnight, Chicago, Ill., for appellant.

Irving M. Tullar, Washington, D. C., and Clinton G. Brown, Jr., San Antonio, Tex., for appellee.

Before HUTCHESON and RIVES, Circuit Judges, and GROOMS, District Judge.

GROOMS, District Judge.

Appellant, Aloe Creme Laboratories, Inc., filed this action below under 35 U.S.C.A. § 146 and 15 U.S.C.A. § 1071 seeking a reversal of a ruling of the United States Patent Office denying its claim to the right to the trademark registration of "ALO-CREME" and "ALO-CREME AFTER TAN." Appellee, The Texas Pharmacal Company, filed a counterclaim under Section 1338(b) of Title 28 U.S.C.A. and Section 1116 et seq. of Title 15 U.S.C.A. to...

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