SAFEWAY STORES v. DUNNELL

No. 11806.

172 F.2d 649 (1949)

SAFEWAY STORES, Inc. v. DUNNELL.

United States Court of Appeals Ninth Circuit.

Rehearing Denied February 24, 1949.


Attorney(s) appearing for the Case

Mitchell T. Neff, Willard S. Johnston, Orrick, Dahlquist, Neff, Brown & Herrington, all of San Francisco, Cal., for appellant.

Joseph F. Westall, Edward F. Westall and Westall & Westall, all of Los Angeles, and Charles M. Fryer, of San Francisco, Cal., for appellee.

Before DENMAN, Chief Judge, and HEALY and BONE, Circuit Judges.


DENMAN, Chief Judge.

Appellant, Safeway Stores, Inc., hereinafter called Stores, long user of its corporate name as its trade name, appeals from a judgment of the district court (a) requiring the Commissioner of Patents to grant registration to Dunnell as his trade mark the words "Safe Way", which his application to the Patent Office states he "used * * * for toilet seat covers" and (b) denying to the Stores an injunction against Dunnell and his agents sought in a...

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