KRAFT WALKER CHEESE CO. v. KINGSLAND

Civil Action 4—47.

75 F.Supp. 105 (1947)

KRAFT WALKER CHEESE CO., Proprietary Limited, v. KINGSLAND, Commissioner of Patents.

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

November 18, 1947.


Attorney(s) appearing for the Case

Soans, Pond & Anderson, Cyril A. Soans, and Edwin Phelps, all of Chicago, Ill., and Cushman, Darby & Cushman and C. Willard Hayes, all of Washington, D. C., for plaintiff.

W. W. Cochran, Sol. for Patent Office, of Washington, D. C., for defendant.


LETTS, Justice.

Findings of Fact.

1. Plaintiff, a company of the State of Victoria, Australia, on January 15, 1944, filed in the U. S. Patent Office its application Serial No. 467,061 for registration of the trade-mark "Vegemite" for "a yeast extract used primarily as a spread and also as a food flavoring in soups and gravies."

2. Said application was duly examined by the Examiner of Trade-Marks, who searched the prior registrations in Class 46,...

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