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TILLAMOOK COUNTY CREAM. ASS'N v. TILLAMOOK CHEESE & D. ASS'N

No. 19565.

345 F.2d 158 (1965)

TILLAMOOK COUNTY CREAMERY ASSOCIATION, Appellant, v. TILLAMOOK CHEESE AND DAIRY ASSOCIATION, Appellee.

United States Court of Appeals Ninth Circuit.

As Amended May 20, 1965.

Attorney(s) appearing for the Case

J. Pierre Kolisch, Kolisch & Hartwell, Portland, Or., Warren A. McMinimee, Tillamook, Lester Epstein, Portland, Or., Jon M. Dickinson, Portland, Or., for appellant.

Joseph B. Sparkman, Kenneth S. Klarquist, Buckhorn, Blore Klarquist & Sparkman, Portland, Or., Jack, Goodwin & Anicker, James O. Goodwin, Oregon City, Or., for appellee.

Before POPE, HAMLEY and ELY, Circuit Judges.

POPE, Circuit Judge.

The appellant, as plaintiff below, brought this action alleging that it had adopted as a trade-mark in April, 1918, the name "Tillamook" for cheese and other dairy products which it sold and marketed and thereby became the owner of said trade-mark. On November 7, 1950, plaintiff registered under United States Trade-Mark Registration No. 533,033, the name "Tillamook" for cheese and butter. The complaint alleged that this trade-mark came to be associated...

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