FRITO CO. v. GENERAL MILLS

No. 14120.

202 F.2d 936 (1953)

FRITO CO. v. GENERAL MILLS, Inc.

United States Court of Appeals Fifth Circuit.

Rehearing Denied May 13, 1953.


Attorney(s) appearing for the Case

J. L. Johannes, G. H. Kelsoe, Jr., and Johannes & Kelsoe, Dallas, Tex., for appellant.

Gerrit P. Groen, Chicago, Ill., Webster Atwell, Dallas, Tex., Anthony A. Juettner, Minneapolis, Minn., for appellee.

Before HOLMES, BORAH, and RUSSELL, Circuit Judges.


HOLMES, Circuit Judge.

The appellant instituted this action to secure an order directing the Commissioner of Patents to issue a trademark registration. 15 U.S.C.A. § 1071, 15 U.S.C.A. § 1119, and 35 U.S.C. § 63. In an application to the United States Patent Office, it sought to register the trade-mark "Chee.tos," which is the name of its cheese-coated puffed-corn product. 15 U.S.C.A. § 1051. Appellee filed its opposition to the registration in...

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