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SCHMIDT v. QUIGG

Civ. A. No. 84-CV-3492-DT.

609 F.Supp. 227 (1985)

Mary J. SCHMIDT, in her capacity as sole Trustee of the Harry J. Hoenselaar Revocable Trust, Plaintiff, v. Donald J. QUIGG, Acting Assistant Secretary in the United States Department of Commerce and Acting Commissioner of Patents and Trademarks, Defendant.

United States District Court, E.D. Michigan, S.D.

May 20, 1985.

Attorney(s) appearing for the Case

John A. Artz, Ronald W. Wangerow, Harness, Dickey & Pierce, Birmingham, Mich., for plaintiff; J. Rodgers Lunsford, William R. Cohrs, Hurt, Richardson, Garner, Todd & Cadenhead, Atlanta, Ga., of counsel.

Karl Overman, Asst. U.S. Atty., Detroit, Mich., for defendant.

MEMORANDUM OPINION

FEIKENS, Chief Judge.

This matter arises out of plaintiff's attempt to register the term "Honey Baked Ham" as a trademark pursuant to the Trademark Act of 1946, 15 U.S.C. § 1051 et seq. Jurisdiction is based on 15 U.S.C. § 1071(b).

Plaintiff, Mary J. Schmidt, is sole trustee of the Harry J. Hoenselaar Revocable Trust which was created October 4, 1973. The trust was created and has its principal place of business...

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