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VAN CAMP SEA FOOD CO. v. WESTGATE SEA PRODUCTS CO.

No. 5516.

28 F.2d 957 (1928)

VAN CAMP SEA FOOD CO., Inc., v. WESTGATE SEA PRODUCTS CO.

Circuit Court of Appeals, Ninth Circuit.

November 5, 1928.

Attorney(s) appearing for the Case

Newby & Newby and Nathan Newby, all of Los Angeles, Cal. (Dee Holder, of Los Angeles, Cal., of counsel), for appellant.

Wm. S. Graham, of San Francisco, Cal., for appellee.

Before GILBERT, RUDKIN, and DIETRICH, Circuit Judges.

DIETRICH, Circuit Judge.

Both parties are packers of tuna fish, with places of business in Southern California. The appellant (plaintiff below) adopted, used, and caused to be registered in the United States Patent Office as its trade-mark the phrase "Chicken of the Sea." Thereafter the appellee began to use, and caused to be registered, as its trade-mark "Breast-O'-Chicken." Alleging that this is an infringement of its mark, appellant brought this suit to enjoin...

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