# Rexall Drug Company v. Manhattan Drug Company

> Court of Customs and Patent Appeals · December 8, 1960 · 284 F.2d 391

URL: https://www.frixlaw.com/law-library/cases/9447646

## Case

- **Full name:** REXALL DRUG COMPANY, Appellant, v. MANHATTAN DRUG COMPANY, Appellee
- **Court:** Court of Customs and Patent Appeals
- **Decided:** December 8, 1960
- **Citations:** 284 F.2d 391; 48 C.C.P.A. 756
- **Precedential status:** Published
- **Opinion:** Dissent by Worley
- **Judges:** Worley, Rich, Martin, Smith, Kirkpatrick
- **Cited by:** 3 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9447646

## Opinion text

WORLEY, Chief Judge
(dissenting).
I agree with the following statement of the Trademark Trial and Appeal Board:
■ The goods on which “Asmatab” and “Asma-Kets” are used are similar in form and composition and are adapted for sale without prescription for the treatment of the same commonplace complaints. As applied to such products, the similarities between these marks are believed to be such that confusion or mistake or deception of purchasers is quite likely to occur.
I would affirm.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9447646. Public record. Not legal advice.