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DIVA LABORATORIUM AKTIENGESELLSCHAFT v. DeLONEY & CO.

Civ. A. Nos. 2885-61, 3041-63.

237 F.Supp. 868 (1965)

DIVA LABORATORIUM AKTIENGESELLSCHAFT, Plaintiff, v. DeLONEY & CO., Inc., Defendant. DIVA LABORATORIUM AKTIENGESELLSCHAFT, now by change of name Diva Laboratorien A.G., Plaintiff, v. Edwin L. REYNOLDS, Acting Commissioner of Patents, Defendant.

United States District Court District of Columbia.

February 3, 1965.

Attorney(s) appearing for the Case

Melvin S. Feldman, New York City, Amram, Hahn & Sundlun, Washington, D. C., Edmund M. Squire, New York City, for plaintiff.

Clarence W. Moore, Sol., Washington, D. C., for defendants.

JACKSON, District Judge.

These civil actions arose from a refusal by the Patent Office to grant plaintiff a registration for the trademark "F99". The application for registration, filed on January 22, 1958, was rejected by the Patent Office on the ground that "F99" was confusingly similar to a trademark "99" registered previously by DeLoney & Company, Inc.

In order to overcome the rejection, the plaintiff began...

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