O. M. SCOTT & SONS COMPANY v. AGWAY, INC.

Patent Appeal No. 8036.

402 F.2d 1012 (1968)

The O. M. SCOTT & SONS COMPANY, Appellant, v. AGWAY, INC., Assignee, by Merger of Cooperative Grange League Federation Exchange, Inc., Appellee.

United States Court of Customs and Patent Appeals.

November 27, 1968.


Attorney(s) appearing for the Case

Charles R. Allen, Jr., Washington, D. C., for appellant.

Conrad Christel, Christel & Bean, Buffalo, N.Y., for appellee.

Before WORLEY, Chief Judge, and RICH, SMITH, ALMOND, and BALDWIN, Judges.


WORLEY, Chief Judge.

Agway seeks registration of "PRO-GREEN" for use on turf fertilizer and is opposed by Scott on prior use and registration of "PRO-N"1 and "PRO GRO"2 also used on fertilizers.3

We are controlled in part by a stipulation between the parties advising that "PRO GRO" and "PRO-N" are advertised in national trade publications and pamphlets and "sold to homeowners...

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