T. W. SAMUELS DISTILLERY, INC. v. SCHENLEY DISTILLERS, INC.

Patent Appeal No. 8754.

458 F.2d 1403 (1972)

T. W. SAMUELS DISTILLERY, INC., Appellant, v. SCHENLEY DISTILLERS, INC., Appellee.

United States Court of Customs and Patent Appeals.

May 18, 1972.


Attorney(s) appearing for the Case

Carol L. B. Matthews, Henry W. Leeds, Washington, D. C. (Mason, Fenwick & Lawrence), Washington, D. C., attorneys of record, for appellant.

Milton B. Seasonwein, New York City, attorney of record, for appellee.

Before RICH, ALMOND, BALDWIN, and LANE, Judges.


RICH, Judge.

This appeal is from the decision of the Patent Office Trademark Trial and Appeal Board dismissing appellant's opposition to the registration of "MR. SOUR MASH" as a trademark for whiskey, application serial No. 242,749, filed April 5, 1966. The board's decision is reported in full at 164 USPQ 141.

Appellant opposes registration on the basis of its admittedly prior use and registration of the mark "Mr...

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