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WALDPORT SEAFOOD CO. v. COE

Nos. 25032, 25033.

60 F.Supp. 990 (1945)

WALDPORT SEAFOOD CO., Inc., v. COE, Commissioner of Patents, et al. (two cases).

District Court of the United States for the District of Columbia.

June 7, 1945.

Attorney(s) appearing for the Case

William G. MacKay and Charles R. Allen, both of Washington, D. C., for plaintiff.

W. W. Cochran, Sol., U. S. Patent Office, of Washington, D. C., for Defendant Conway P. Coe, Commissioner of Patents.

Royal R. Rommel (of Lancaster, Allwine & Rommel), of Washington, D. C., and Beekman Aitken, of New York, N. Y., for defendant Cranberry Canners, Inc.

A. W. Murray, of Chicago, Ill., for defendant Ilwaco Oyster Co., Inc.

PINE, Associate Justice.

These are actions under Sec. 4915, R.S., 35 U.S.C.A. § 63. Plaintiff applied for registration of a trade mark consisting of the term Pacific Spray for canned crab meat. Defendants Cranberry Canners, Inc., and Ilwaco Oyster Co. filed respective notices of opposition to such registration. Prior use by opposers is not in issue. The mark registered to Cranberry Canners, Inc., is Ocean Spray and is applied to canned cranberries. The mark registered...

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