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LEVER BROTHERS CO. v. PHYSICIANS FORMULA COSMETICS, INC.

Patent Appeal No. 8856.

481 F.2d 1341 (1973)

LEVER BROTHERS COMPANY, Appellant, v. PHYSICIANS FORMULA COSMETICS, INC., Appellee.

United States Court of Customs and Patent Appeals.

August 16, 1973.

Attorney(s) appearing for the Case

Louis F. Kline, Jr., Ossining, N. Y., attorney of record, for appellant.

Dan R. Sadler, Los Angeles, Cal., attorney of record, for appellee. Nelson H. Shapiro, Washington, D. C., of counsel.

Before MARKEY, Chief Judge, RICH, BALDWIN, and LANE, Judges, and WATSON, Judge, United States Customs Court, sitting by designation.

BALDWIN, Judge.

This is an appeal by Lever Brothers Company from a decision of the Trademark Trial and Appeal Board1 dismissing an opposition to the application of Physicians Formula Cosmetics, Inc. to register the words SUN SHIELD as a trademark for "liquid make-up; skin lubricating and protection lotion."

Registration has been opposed by Lever Brothers Company, registrant of SHIELD for soap,2 dentifrice...

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