CALIFORNIA PRUNE & APRICOT GROWERS ASS'N v. DOBRY FLOUR MILLS

Patent Appeal No. 4096.

101 F.2d 838 (1939)

CALIFORNIA PRUNE & APRICOT GROWERS ASS'N v. DOBRY FLOUR MILLS, Inc.

Court of Customs and Patent Appeals.

February 6, 1939.


Attorney(s) appearing for the Case

Jackson & Webster, of San Francisco, Cal. (W. G. MacKay and Chas. R. Allen, both of Washington, D. C., of counsel), for appellant.

No appearance for appellee.

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


LENROOT, Associate Judge.

This is an appeal in a trade-mark cancellation proceeding. Appellee, on February 11, 1936, was granted registration No. 332,384 under the Trade-Mark Act of February 20, 1905, 15 U.S.C.A. § 81 et seq.; said registration was for a mark which consisted of the name "Dobry's," below which in larger letters is the term "Sunsweet," and a purported representation of the sun, all enclosed within an elaborate border. The statement declares that...

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