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SUN-MAID RAISIN GROWERS OF CAL. v. SUNAID FOOD PRODUCTS, INC.

No. 22097.

356 F.2d 467 (1966)

SUN-MAID RAISIN GROWERS OF CALIFORNIA, Appellant, v. SUNAID FOOD PRODUCTS, INC., Appellee.

United States Court of Appeals Fifth Circuit.

February 10, 1966.

Attorney(s) appearing for the Case

Dirks B. Foster, Boyken, Mohler & Foster, San Francisco, Cal., for appellant.

Phillip Goldman, Talbot D'Alemberte, Scott, McCarthy, Preston & Steel, Miami, Fla., for appellee.

Before JONES and THORNBERRY, Circuit Judges, and SLOAN, District Judge.

PER CURIAM.

Sun-Maid Raisin Growers of California, the appellant here and the plaintiff below, is an agricultural cooperative engaged primarily in the packing and marketing of raisins. It is incorporated under the laws of California. The trademark "SUN-MAID" has been in continuous use in interstate commerce by the appellant or its predecessors since 1915 and has been registered in the United States Patent Office since 1917. The mark has become incontestable within...

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