Aloe Creme Laboratories, Inc. v. Texas Pharmacal Co.

FISHER, District Judge.

Aloe Creme Laboratories, Inc., hereinafter referred to as Aloe, filed this action under 35 U.S.C. § 146, and 15 U.S.C. § 1071, as a trial de novo, seeking to reverse the decisions of the United States Patent Office, wherein Aloe was denied its claims to the right to the trademark registration of “Alo-Creme”, and was refused the registration, “Alo-Creme After Tan” as a trademark.

The Texas Pharmacal Company, hereinafter referred to as Texas, filed a counterclaim to enjoin the use of “Alo-Creme”, “Alo-Creme After Tan”, and “Aloe Creme” as trademarks, tradenames or parts…