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KROGER GROCERY & BAKING CO. v. BLUE EARTH CANNING CO.

Patent Appeal No. 3775.

88 F.2d 725 (1937)

KROGER GROCERY & BAKING CO. v. BLUE EARTH CANNING CO.

Court of Customs and Patent Appeals.

March 29, 1937.

Attorney(s) appearing for the Case

A. Yates Dowell, of Washington, D. C., for appellant.

Semmes & Semmes, of Washington, D. C. (Harry. H. Semmes and S. Warwick Keegin, both of Washington, D. C., of counsel), for appellee.

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

LENROOT, Associate Judge.

This is a trade-mark opposition proceeding. The involved marks are "Country Club," used by appellant, and "Country Kist," used by appellee. Both marks are applied to identical goods, viz., canned vegetables.

Appellee, on March 22, 1932, applied for registration, under the Trade-Mark Act of February 20, 1905 (as amended, 15 U.S.C.A. § 81 et seq.), of the mark "Country Kist," for use on canned vegetables, and in its application...

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