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WESTGATE-SUN HARBOR CO. v. WATSON

No. 11309.

206 F.2d 458 (1953)

WESTGATE-SUN HARBOR CO. v. WATSON, Commissioner of Patents.

United States Court of Appeals District of Columbia Circuit.

Decided June 18, 1953.

Attorney(s) appearing for the Case

Mr. William G. MacKay, Washington, D. C., with whom Mr. Charles R. Allen, Washington, D. C., was on the brief, for appellant. Mr. Charles R. Allen, Jr., Washington, D. C., also entered an appearance for appellant.

Mr. Joseph Schimmel, Attorney, United States Patent Office, Washington, D. C., with whom Mr. E. L. Reynolds, Solicitor, United States Patent Office, Washington, D. C., was on the brief, for appellee.

Before CLARK, PROCTOR and FAHY, Circuit Judges.

CLARK, Circuit Judge.

This is an appeal from a judgment of the District Court dismissing the complaint in an action instituted for the purpose of securing registration of appellant's trademark "Breast-O'-Chicken" for canned tuna fish.

For a proper understanding of the issues, a brief recital of the facts and a chronological resume of past proceedings are necessary.

In 1926, appellant's predecessor in interest, the Westgate Sea Products Co.,

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