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FLORIDA CITRUS CANNERS COOP. v. CALIFORNIA F. G. EXCH.

Patent Appeal No. 3928.

95 F.2d 512 (1938)

FLORIDA CITRUS CANNERS COOPERATIVE v. CALIFORNIA FRUIT GROWERS EXCHANGE.

Court of Customs and Patent Appeals.

March 28, 1938.

Attorney(s) appearing for the Case

John F. Richter, Robert M. Gray, and Bernard F. Garvey, all of Washington, D. C., for appellant.

Leonard S. Lyon, Richard F. Lyon, and Frederick S. Lyon, all of Los Angeles, Cal., and Charles M. Thomas, of Washington, D. C., for appellee.

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

GARRETT, Presiding Judge.

On September 29, 1934, appellant, a corporation organized under the laws of the state of Florida, filed an application in the United States Patent Office for registration of the notation "Sunny Mist" as a trade-mark for "Canned Citrus fruits and juices for food purposes," alleging use of the mark "since Sept. 17, 1934." The first letter "S" of the first word is larger than the other letters of that word, and the "M" in mist is of an unconventional...

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