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COASTAL CHEMICAL COMPANY v. DUST-A-WAY, INC.

No. C-65-51.

263 F.Supp. 351 (1967)

COASTAL CHEMICAL COMPANY, Inc., Plaintiff, v. DUST-A-WAY, INC., Defendant, Edward J. Brenner, Commissioner of Patents, Intervener.

United States District Court W. D. Tennessee, W. D.

January 6, 1967.

Attorney(s) appearing for the Case

Mason, Fenwick & Lawrence, Washington, D. C., D. Glynne Owen, Memphis, Tenn., for plaintiff.

Heiskell Weatherford, Jr., Memphis, Tenn., for defendant.

Thos. L. Robinson, U. S. Atty., Memphis, Tenn., for intervener.

OPINION

ROBERT M. McRAE, Jr., District Judge.

In this cause the plaintiff, Coastal Chemical Company, Inc., filed suit seeking concurrent use registration for the plaintiff and defendant in restricted areas of the United States. The suit is brought pursuant to Title 15 U.S.C. § 1071.

The plaintiff (hereinafter referred to as prior user) began the use of the trademark "PINEAIRE" on or about July 23, 1949, in the area embraced by the states of...

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