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MONT-O-MIN SALES CORPORATION v. WYETH INCORPORATED

No. 5634.

92 F.Supp. 150 (1950)

MONT-O-MIN SALES CORPORATION v. WYETH INCORPORATED.

United States District Court W. D. Missouri, W. D.

July 14, 1950.

Attorney(s) appearing for the Case

Matthews, Kelley, Matthews & Delehant, John W. Delehant, Jr., all of Omaha, Neb., J. John Gillis, Kansas City, Mo. for plaintiff.

Dudley Browne and Louis H. Baer, of New York City, Abraham E. Margolin, and Edward A. Smith, of Kansas City, Mo., for defendant.

RIDGE, District Judge.

This action, instituted by plaintiff under Section 35 U.S.C.A. § 63, seeks a declaration by the Court that plaintiff is entitled to registration of the trade-mark "Mont-O-Min"; pursuant to an application filed for that purpose in the Patent Office under Serial No. 496,392. In an opposition proceeding before the Patent Office, the Examiner of Interference found that the marks, "Mont-O-Min" and "Morramin" bear such near resemblance as to...

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