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

Patent Appeal No. 2709.

48 F.2d 950 (1931)

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

Court of Customs and Patent Appeals.

April 29, 1931.


Attorney(s) appearing for the Case

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

James M. Naylor, of San Francisco, Cal. (Chas. 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.


HATFIELD, Associate Judge.

This is an appeal in a trade-mark opposition proceeding from the decision of the Commissioner of Patents affirming the decision of the Examiner of Interferences dismissing the opposition of appellant and holding that appellee was entitled to the registration of the trade-mark "Breast O' Chicken" for use on canned fish.

In its application for registration filed December 13, 1926, appellee alleged that it had used the trade-mark since...

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