HECKER H-O CO. v. HOLLAND FOOD CORPORATION

No. 95.

36 F.2d 767 (1929)

HECKER H-O CO., Inc., v. HOLLAND FOOD CORPORATION.

Circuit Court of Appeals, Second Circuit.

December 9, 1929.


Attorney(s) appearing for the Case

Hunt, Hill & Betts, of New York City (John W. Crandall, of New York City, of counsel), for appellant.

W. Lee Helms, of New York City, for appellee.

Before MANTON, L. HAND, and MACK, Circuit Judges.


MANTON, Circuit Judge.

Appellant and appellee manufacture cereal products. The appellee manufactures and sells in both domestic and foreign commerce, and, while the appellant manufactures its cereal products in this country, it sells only in foreign commerce. The appellee's mark is "H-O." The appellant uses the mark "HOFOOD." The mark H-O had been used by the appellee and its predecessors since 1887, and the trade-mark was registered on May 13, 1919.

In 1921...

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