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CALIFORNIA PACKING CORPORATION v. TILLMAN & BENDEL

Patent Appeal No. 2341.

40 F.2d 108 (1930)

CALIFORNIA PACKING CORPORATION v. TILLMAN & BENDEL, Inc.

Court of Customs and Patent Appeals.

April 14, 1930.

Attorney(s) appearing for the Case

Archibald Cox, of New York City, and Frank D. Madison, of San Francisco, Cal. (Wm. G. Henderson, of Washington, D. C., of counsel), for appellant.

Wm. S. Graham, of San Francisco, Cal. (George C. Shoemaker, of Washington, D. C., Herman Phleger and Maurice E. Harrison, both of San Francisco, Cal., and Harry F. Riley, of Washington, D. C., of counsel), for appellee.

Before GRAHAM, Presiding Judge, and BLAND, HATFIELD, GARRETT, and LENROOT, Associate Judges.

BLAND, Associate Judge.

This is an appeal from the decision of the Commissioner of Patents dismissing a notice of opposition filed by the California Packing Corporation to the registration by Tillman & Bendel, Inc., of "Del Monte" as a trade-mark for coffee. Appellee's application was filed February 21, 1925.

The opposer, appellant, California Packing Corporation, in or about 1916 became the successor of the California...

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