JIM DANDY COMPANY v. MARTHA WHITE FOODS, INC.

Patent Appeal No. 8662.

458 F.2d 1397 (1972)

The JIM DANDY COMPANY, By Change of Name From Western Grain Company, Appellant, v. MARTHA WHITE FOODS, INC., Appellee.

United States Court of Customs and Patent Appeals.

May 11, 1972.


Attorney(s) appearing for the Case

Edward G. Fenwick, Jr., Mason, Fenwick & Lawrence, Washington, D. C., attys. of record, for appellant.

Stanford W. Berman, Washington, D. C., atty. of record, for appellee.

Before RICH, ALMOND, BALDWIN and LANE, Judges, and ROSENSTEIN, Judge, United States Customs Court, sitting by designation.


ROSENSTEIN, Judge.

The Jim Dandy Company (Dandy) appeals from the decision of the Trade-mark Trial and Appeal Board1 awarding priority to Martha White Foods, Inc. (White) in a trademark interference proceeding between appellant's application2 to register "THE DOG FOOD OF CHAMPIONS" superimposed on a scroll as a trademark for "Dog Food" and appellee's application3 to register "FOOD...

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