Legal Opinion
Parke, Davis & Co. v. G. F. Harvey Co.
Court of Customs and Patent Appeals
Decided February 7, 1944No. 4817PublishedCited by 9 opinions
1Opinion of the Court
Bland, Judge,
delivered tlie opinion of the court:
The appellee-applicant applied to the United States Patent Office for the registration of its trade-mark “DIGISEALS” for use upon a digitalis preparation, and such proposed registration was opposed by the appellant, hereinafter referred to as opposer, upon the basis of its prior use of its trade-mark for a similar digitalis' preparation, “KAPSEALS DIGIFOBTIS,” which is a combination of its two registered marks “KAPSEALS” and “DIGIFOBTIS.” Opposer’s “DIGIFOBTIS” mark was registered in 1925 and “KAPSEALS” in 1932, and opposer proved use of the…
2Cases cited3 opinions
- Cleo Syrup Corporation v. Coca-Cola Co.Court of Appeals for the Eighth Circuit · 1943
- William S. Merrell Co. v. Anacin Co.Court of Customs and Patent Appeals · 1940
- Ciba Pharmaceutical Products, Inc. v. Abbott LaboratoriesCourt of Customs and Patent Appeals · 1941
3Cited by9 opinions
- David Sherman Corporation, Doing Business as the Sarnoff Company v. Heublein, Inc., Doing Business as Ste Pierre Smirnoff, FlsCourt of Appeals for the Eighth Circuit · 1965
- Weco Products Co. v. Milton Ray Co.Court of Customs and Patent Appeals · 1944
- Campbell Products, Inc. v. John Wyeth & Bro., Inc.Court of Customs and Patent Appeals · 1944
- H. D. Hudson Manufacturing Company v. Food MacHinery and Chemical CorporationCourt of Customs and Patent Appeals · 1956
- Van Pelt & Brown, Inc. v. John Wyeth & Brother, Inc.Court of Customs and Patent Appeals · 1947
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