Aloe Creme Laboratories, Inc. v. Texas Pharmacal Company

GROOMS, District Judge.

Appellant, Aloe Creme Laboratories, Inc., filed this action below under 35 U.S.C.A. § 146 and 15 U.S.C.A. § 1071 seeking a reversal of a ruling of the United States Patent Office denying its claim to the right to the trademark registration of “ALO-CREME” and “ALO-CREME AFTER TAN.” Appel-lee, The Texas Pharmacal Company, filed a counterclaim under Section 1338(b) of Title 28 U.S.C.A. and Section 1116 et seq. of Title 15 U.S.C.A. to enjoin the use of those names and “ALOE CREME”, as trademarks, tradenames or parts thereof on the ground that each infringes its trademark,…