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MICHIGAN MUSHROOM COMPANY v. NASH-FINCH COMPANY

Patent Appeal No. 6557.

278 F.2d 723 (1960)

MICHIGAN MUSHROOM COMPANY v. NASH-FINCH COMPANY.

United States Court of Customs and Patent Appeals.

Rehearing Denied June 29, 1960.

Attorney(s) appearing for the Case

Robert I. Dennison, Washington, D. C., Brezina and Buckingham, Chicago, Ill. (John Charles Brezina, Chicago, of counsel), for appellant.

Herbert M. Birch, Washington, D. C., for appellee.

Before WORLEY, Chief Judge, and RICH, MARTIN, and SMITH, Judges.

MARTIN, Judge.

This appeal is from the decision of the Assistant Commissioner of Patents dismissing an opposition to the registration of a composite mark bearing the words "Dewy-Fresh" for use on fresh vegetables, by the registrant and prior user of "Dawn Fresh."

Appellee's mark is a composite having as its background a leaf shaped pattern upon which, in large letters at the center thereof, are the words "Dewy-Fresh" and, at the lower left and extending, in...

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