Sutter Packing Co. v. Piggly Wiggly Corp.

The petitioner, Sutter Packing Co., filed its application in the United States Patent Office on November 5, 1929, for registration of the trade-mark “ Slices O’Gold ”, used by it in connection with the sale of canned fruits. It alleged that it had been using said mark continuously since July 19, 1928, on said goods.

The appellee, Piggly Wiggly Corporation, filed its opposition to said application, alleging, by its notice of opposition, that on March 6, 1923,- it had obtained the registration of a trade-mark, “ Sunset Gold ”, for butter; that since that time it had expanded its business to…