Land O'Lakes Creameries, Inc. v. Oconomowoc Canning Company, Land O'Lakes Creameries, Inc. v. Oconomowoc Canning Company

SWYGERT, Circuit Judge.

This is an action to cancel trade-mark registrations and to enjoin trade-mark infringement and unfair competition. Jurisdiction is based upon the federal trade-mark laws and diversity of citizenship.

Plaintiff, Land O’Lakes Creameries, Inc., is a Minnesota corporation with its principal office in Minneapolis. Defendant, Oconomowoc Canning Company, is a Wisconsin corporation with its principal place of business in Oconomowoc, Wisconsin.

Both parties have been using the same trade-mark, Land O’Lakes, for many years. In 1957 plaintiff sought cancellation of the registrations…