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H & J FOODS, INC. v. REEDER

No. 71-1669.

477 F.2d 1053 (1973)

H & J FOODS, INC., Plaintiff-Appellee, v. Gail REEDER, dba Nutrifoods Co., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

April 25, 1973.

Attorney(s) appearing for the Case

Francis A. Utecht (argued), Fulwider, Patton, Rieber, Lee & Utecht, Long Beach, Cal., for defendant-appellant.

James W. Geriak (argued), James J. Short, Lyon & Lyon, Los Angeles, Cal., for plaintiff-appellee.

Before CHAMBERS, HAMLEY, and GOODWIN, Circuit Judges.

OPINION

CHAMBERS, Circuit Judge:

"Hunza" seems to be a word with some sales appeal when exploited in the rapidly growing health foods business.

A small operator, Floyd Hampson, who was using the name of Hunza for some of his products, registered the name as a trademark in the United States Patent Office in 1957.2 It was registered for: "Vitamin-Mineral Food Supplement, including Herbs and Grasses, in Powdered, Tablet...

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