D. & C. Co. v. Everett Fruit Products Co.

ROBB, Associate Justice.

This is a trademark opposition proceeding, in which the opposition was overruled, and registration granted the applicant, appellee here.

Appellant, a New York corporation, adopted “My-T-Fine” as a trade-mark in 1915 for prepared dessert powder, or, as described on the sample package, “a powder for use with milk to make puddings, fillings, etc.” Appellee, a corporation located in the state of Washington, adopted the same mark in 1916, and since has used it in the quite extensive sale of canned fruits.

The Examiner of Interferences ruled that canned fruits and dessert…