Legal Opinion

Warner-Hudnut, Inc. (Warner-Lambert Pharmaceutical Company, Substituted) v. Wander Company

Court of Customs and Patent Appeals

Decided July 20, 1960No. Patent Appeal 6533PublishedCited by 7 opinions

1Opinion of the Court

KIRKPATRICK, Judge.

The appellant, Warner-Hudnut, Inc., filed a petition for cancellation of the ap-pellee’s registered trademark, “Wander.” The Assistant Commissioner .affirmed the examiner’s dismissal of the petition to cancel and this appeal followed.

The question presented by the appeal is a very simple one and, although counsel have managed to pile up more than 400 pages of record and 80 pages of brief, we think it can be dealt with in a very few paragraphs. The question is simply whether “Wander,” applied to a drug used chiefly in the treatment of tuberculosis, is likely to cause…

2Cases cited4 opinions

  1. Liggett & Myers Tobacco Co. v. FinzerSupreme Court of the United States · 1888
  2. General Shoe Corporation v. Lerner Bros. Mfg. Co., Inc.Court of Customs and Patent Appeals · 1958
  3. Glenmore Distilleries Co. v. National Distillers Products Corp.Court of Appeals for the Fourth Circuit · 1939
  4. Glenmore Distilleries Co. v. National Distillers Products Corp.District Court, E.D. Virginia · 1938

3Cited by7 opinions

  1. In re McGinleyCourt of Customs and Patent Appeals · 1981
  2. United States Surgical Corp. v. Orris, Inc.District Court, D. Kansas · 1998
  3. Ortho Pharmaceutical Corp. v. American Cyanamid Co.District Court, D. New Jersey · 1973
  4. Citrus Group, Inc. v. Cadbury Beverages, Inc.District Court, D. Maryland · 1991
  5. Dan River Mills, Incorporated v. The Yorke Shirt CorporationCourt of Customs and Patent Appeals · 1968

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