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SAFEWAY STORES v. COE

No. 8206.

136 F.2d 771 (1943)

SAFEWAY STORES, Inc., v. COE, Com'r of Patents, et al.

United States Court of Appeals for the District of Columbia.

Decided May 29, 1943.

Attorney(s) appearing for the Case

Mr. A. W. Murray, of Chicago, Ill., with whom Mr. Eugene E. Stevens, of Washington, D. C., was on the brief, for appellant.

Mr. W. W. Cochran, Solicitor, United States Patent Office, of Washington, D. C., for appellee Coe; Mr. R. F. Whitehead, of Washington, D. C., also entered an appearance for appellee Coe.

Before GRONER, Chief Justice, MILLER, VINSON, and EDGERTON, Associate Justices, and EICHER, Chief Justice of the District Court of the United States for the District of Columbia.

GRONER, C. J.

This is a motion filed by Coe, Commissioner of Patents, to dismiss an appeal to this court taken by Safeway Stores, Incorporated. The essential facts are these: Southern Independent Oil and Refining Company, Inc., filed in the Patent Office an application for registration of a trademark for gasoline, oils and greases. Safeway filed notice of opposition. The Examiner of Interferences dismissed the notice and the Commissioner affirmed. Safeway then filed...

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