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SUTTER PACKING CO. v. PIGGLY WIGGLY CORPORATION

Patent Appeal No. 3136.

64 F.2d 1006 (1933)

SUTTER PACKING CO. v. PIGGLY WIGGLY CORPORATION.

Court of Customs and Patent Appeals.

May 22, 1933.

Attorney(s) appearing for the Case

Jas. M. Naylor, of San Francisco, Cal. (Chas. R. Allen, of Washington, D. C., of counsel), for appellant.

E. W. Bradford, of Washington, D. C., for appellee.

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

GRAHAM, Presiding Judge.

The petitioner, Sutter Packing Company, filed its application in the United States Patent Office on November 5, 1929, for registration of the trade-mark "Slices O'Gold," used by it in connection with the sale of canned fruits. It alleged that it had been using said mark continuously since July 19, 1928, on said goods.

The appellee, Piggly Wiggly Corporation, filed its opposition to said application, alleging, by its notice of opposition...

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