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QUAKER OATS CO. v. GENERAL MILLS

No. 8071.

134 F.2d 429 (1943)

QUAKER OATS CO. v. GENERAL MILLS, Inc.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied April 20, 1943.

Attorney(s) appearing for the Case

James P. Hume and Charles L. Byron, both of Chicago, Ill., for appellant.

Edward S. Rogers, Wm. T. Woodson, James H. Rogers, Wm. D. McKenzie, James M. Best, and George I. Haight, all of Chicago, Ill., for respondent.

Before EVANS, SPARKS, and MINTON, Circuit Judges.

MINTON, Circuit Judge.

The plaintiff-appellee, the Quaker Oats Company, filed an application in the Patent Office to register as a trade-mark the word "Oaties" to designate a ready-to-eat breakfast food made of oats. The Patent Office refused to register this word as a trade-mark. The plaintiff appealed to the United States Court of Customs and Patent Appeals. The defendant-appellant, General Mills, Inc., elected to have the proceedings under Section 4915, Revised...

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