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FEDERAL MILL & ELEVATOR CO. v. PILLSBURY FLOUR MILLS CO.

Patent Appeal No. 2714.

49 F.2d 1042 (1931)

FEDERAL MILL & ELEVATOR CO., Inc., v. PILLSBURY FLOUR MILLS CO.

Court of Customs and Patent Appeals.

May 25, 1931.

Attorney(s) appearing for the Case

Edward S. Rogers, Allen M. Reed, and William T. Woodson, all of Chicago, Ill. (Browne & Phelps and Thos. L. Mead, Jr., all of Washington, D. C., and Chas. C. Reif, of Minneapolis, Minn., of counsel), for appellant.

Williamson & Williamson, of Minneapolis, Minn. (James F. Williamson, of Minneapolis, Minn., and James A. Hoffman, of Washington, D. C., of counsel), for appellee.

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

GRAHAM, Presiding Judge.

The appellee, Pillsbury Flour Mills Company, filed its application in the United States Patent Office on March 4, 1927, for the registration of the trade-mark "Lucky Strike," to be used on wheat flour, alleging in its application that it had continuously used and applied the same to its said goods since February 9, 1911.

The appellant, Federal Mill & Elevator Company, Inc., duly filed notice of opposition thereto, basing its opposition...

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