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FRANCO-ITALIAN PACKING CORP. v. VAN CAMP SEA FOOD

Patent Appeal No. 4881.

142 F.2d 274 (1944)

FRANCO-ITALIAN PACKING CORPORATION v. VAN CAMP SEA FOOD CO., Inc.

Court of Customs and Patent Appeals.

April 4, 1944.

Attorney(s) appearing for the Case

Jackson, Webster & Read, of Washington, D. C. (Chas. R. Allen, of Washington, D. C., and William H. Mackay, of San Francisco, Cal., of counsel), for appellant.

Minier & Fihe, of Los Angeles, Cal. (Albert J. Fihe, of Chicago, Ill., of counsel), for appellee.

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

BLAND, Associate Judge.

The appellant, Franco-Italian Packing Corporation, hereinafter referred to as applicant, filed its application in the United States Patent Office for the registration of its trade-mark "Gem-of-the-Sea", which it uses in the sale of canned fish. The Van Camp Sea Food Co., Inc., hereinafter referred to as opposer, filed notice of opposition to the said registration, alleging its ownership and use of the two "registered trade-marks "Chicken of...

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