FAIRCHESTER PACKING CO. v. D'ARRIGO BROS. CO. OF CAL.

Patent Appeal No. 6577.

278 F.2d 743 (1960)

FAIRCHESTER PACKING CO., Inc. v. D'ARRIGO BROS. CO. OF CALIFORNIA.

United States Court of Customs and Patent Appeals.

June 1, 1960.


Attorney(s) appearing for the Case

John P. Chandler, New York City, for appellant.

Charles R. Allen, Jr., Washington, D. C. (William G. MacKay, San Francisco, Cal., of counsel), for appellee.

Before WORLEY, Chief Judge, RICH, MARTIN, and SMITH, Judges, and Judge WILLIAM H. KIRKPATRICK.


WORLEY, Chief Judge.

Appellant seeks to register "Danny Boy" for use on fresh tomatoes. Appellee opposes on grounds of long prior registration and use of the trademark "Andy Boy" on a variety of food products including fresh vegetables. Both "Danny Boy" and "Andy Boy", as used, are accompanied by a picture of a smiling boy.

In view of the nature of the goods and priority of use, the sole question is whether concurrent use of the marks would likely result in...

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