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VAN CAMP SEA FOOD CO. v. A. B. STEWART ORGANIZATIONS

Patent Appeal No. 2708.

50 F.2d 976 (1931)

VAN CAMP SEA FOOD CO., Inc., v. ALEXANDER B. STEWART ORGANIZATIONS.

Court of Customs and Patent Appeals.

May 27, 1931.

Attorney(s) appearing for the Case

Albert J. Fihe, of Chicago, Ill., for appellant.

James M. Naylor, of San Francisco, Cal. (Charles R. Allen, of Washington, D. C., and Wm. S. Graham, of San Francisco, Cal., 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, affirming the action of the Examiner of Interferences, dismissing the opposition, and adjudging the applicant, appellee, entitled to the registration for which application had been made.

The applicant seeks to register the term "White Chicken," used upon canned tuna.

The opposer sets up a prior use of the term "Chicken of the Sea," as a trade-mark for tuna fish...

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