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KING PHARR CANNING OPERATIONS v. PHARR CANNING CO.

Civ. No. 777.

85 F.Supp. 150 (1949)

KING PHARR CANNING OPERATIONS, Inc. v. PHARR CANNING CO., Inc.

United States District Court W. D. Arkansas, Fort Smith Division.

June 13, 1949.

Attorney(s) appearing for the Case

Beekman Aitken, New York City, Cecil R. Warner of Warner & Warner, Fort Smith, Ark., for plaintiff.

Byrne A. Bowman, Oklahoma City, Okl., Hardin, Barton & Shaw, Fort Smith, Ark., for defendant.

JOHN E. MILLER, District Judge.

Discussion.

Defendant asserts that the trademark "King Pharr" being merely the name of a deceased person in simple block letters, not printed in a distinctive manner, is invalid, and that defendant has suffered damage by the purported registration. Validity of a trade-mark and proper registration, plaintiff's mark was registered under Act of 1920, 41 Stat. 533, are not synonymous, and in fact, the registration by plaintiff...

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