Legal Opinion

Aloe Creme Laboratories, Inc. v. Aloe 99, Inc.

Court of Customs and Patent Appeals

Decided October 25, 1973No. Patent Appeal No. 9026PublishedCited by 4 opinions

1Opinion of the Court

RICH, Judge.

This appeal is from a decision of the Patent Office Trademark Trial and Appeal Board, 170 USPQ 539 (1971), granting a motion for summary judgment and dismissing appellant’s opposition to registration of “Aloe 99” in an oval background designed as a trademark for “Preparation for Treatment of Minor Burns, Cuts, Chafing, Abrasions, Skin Irritations, Diaper Rash, and NonPoisonous Insect Bites,” serial No. 282,758, filed October 18, 1967. We reverse.

Appellant-opposer bases opposition on the prior use and registration of seven hyphenated trademarks beginning with “ALO-,” the phonetic…

2Cases cited2 opinions

  1. Blonder-Tongue Laboratories, Inc. v. University of Illinois FoundationSupreme Court of the United States · 1971
  2. American Aloe Corporation v. Aloe Creme Laboratories, Inc.Court of Appeals for the Seventh Circuit · 1970

3Cited by4 opinions

  1. Time Mechanisms, Inc. v. Qonaar Corp.District Court, D. New Jersey · 1976
  2. McCulloch Gas Processing Corp. v. Canadian Hidrogas Resources, Ltd.Temporary Emergency Court of Appeals · 1978
  3. In re Marriott Corp.Court of Customs and Patent Appeals · 1975
  4. American Cyanamid Co. v. S.C. Johnson & Son, Inc.District Court, D. New Jersey · 1989

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