Legal Opinion
United Drug Co. v. Mercirex Co. (Two Cases)
Court of Customs and Patent Appeals
Decided May 9, 1950No. Patent Appeals 5686, 5687PublishedCited by 5 opinions
1Opinion of the Court
O’CONNELL, Judge.
These are appeals in consolidated opposition proceedings from the decisions of the Commissioner of Patents, 77 U.S.P.Q. 319 and 77 U.S.P.Q. 322. The cases were here submitted on two separate records but were briefed and argued together. Accordingly, we shall dispose of the two appeals in one decision.
The goods of the parties are of the same descriptive properties and the only question for consideration is whether “Mercirex” so nearly resembles appellant’s group of marks containing the word “rex” as to be likely to cause confusion in trade.
One appeal was taken from the…
2Cases cited3 opinions
- Joseph Schlitz Brewing Co. v. Houston Ice & Brewing Co.Supreme Court of the United States · 1919
- Seven Up Co. v. Cheer Up Sales Co.Court of Appeals for the Eighth Circuit · 1945
- Magitex Co. v. John Hudson Moore, Inc.Court of Customs and Patent Appeals · 1946
3Cited by5 opinions
- Buckley v. CommissionerUnited States Tax Court · 1962
- Intercontinental Mfg. Co., Inc. v. Continental Motors CorporationCourt of Customs and Patent Appeals · 1956
- Continental Coffee Co., Inc. v. Continental Foods, IncCourt of Customs and Patent Appeals · 1953
- Continental Coffee Co., Inc. v. Continental Foods, IncCourt of Customs and Patent Appeals · 1953
- Pet Milk Company v. Knudsen Creamery Co. Of CaliforniaCourt of Customs and Patent Appeals · 1965