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BARRON-GRAY PACKING CO. v. BRUCE'S JUICES

Patent Appeal No. 5296.

162 F.2d 217 (1947)

BARRON-GRAY PACKING CO. v. BRUCE'S JUICES, Inc.

Court of Customs and Patent Appeals.

June 3, 1947.

Attorney(s) appearing for the Case

Moore, Olson & Trexler, of Chicago, Ill. (Ballard Moore and Curtis F. Prangley, both of Chicago, Ill., of counsel), for appellant.

Mason, Fenwick & Lawrence, of Washington, D. C. (Edward G. Fenwick and Charles R. Fenwick, both of Washington, D. C., of counsel), for appellee.

Before GARRETT, Presiding Judge, and BLAND, HATFIELD, JACKSON, and O'CONNELL, Associate Judges.

GARRETT, Presiding Judge.

This appeal, in a trade-mark cancellation proceeding, is from a decision of the Commissioner of Patents, affirming that of the Examiner of Interferences, dismissing the petition of appellant for cancellation of the registration of appellee's trade-mark, which is a picture of three oddly shaped figures of little men waiters, each carrying a tray upon which appears to be a glass of fruit or vegetable juice.

The mark, registration No...

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