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WATKINS PRODUCTS, INC. v. SUNWAY FRUIT PRODUCTS, INC.

No. 13736.

311 F.2d 496 (1962)

WATKINS PRODUCTS, INC., formerly known as The J. R. Watkins Company, Plaintiff-Appellee, v. SUNWAY FRUIT PRODUCTS, INC., Defendant-Appellant.

United States Court of Appeals Seventh Circuit.

Rehearing Denied February 4, 1963.

Attorney(s) appearing for the Case

W. Thomas Hofstetter, Robert M. Newbury, Chicago, Ill. (Woodson, Pattishall & Garner, Chicago, Ill., of counsel), for defendant-appellant.

Theodore W. Miller, Chicago, Ill., for appellee.

Before DUFFY, CASTLE and SWYGERT, Circuit Judges.

DUFFY, Circuit Judge.

Plaintiff's complaint herein asked the District Court to reverse the Trademark Trial and Appeal Board of the Patent Office, which canceled a trademark registration of plaintiff on the Supplemental Register. Defendant filed a counterclaim charging plaintiff, among other things, with trademark infringement and unfair competition. The District Court reversed the decision of the Patent Office Trademark Trial and Appeal Board, ordered plaintiff's...

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