Legal Opinion

California Prune & Apricot Growers Ass'n v. Dobry Flour Mills, Inc.

Court of Customs and Patent Appeals

Decided February 6, 1939No. Patent Appeal 4096PublishedCited by 10 opinions

1Opinion of the Court

LENROOT, Associate Judge.

This is an appeal in a trade-mark cancellation proceeding. Appellee, on February 11, 1936, was granted registration No. 332,384 under the Trade-Mark Act of February 20, 1905, 15 U.S.C.A. § 81 et seq.; said registration was for a mark which consisted of the name “Dobry’s,” below which in larger letters is the term “Sunsweet,” and a purported representation of the sun, all enclosed within an elaborate border. The statement declares that the mark was used and adopted for wheat flour, and that the first use by the registrant was on August 14, 1935.

On March 27, 1936,…

2Cases cited5 opinions

  1. Cheek-Neal Coffee Co. v. Hal Dick Mfg. Co.Court of Customs and Patent Appeals · 1930
  2. Sun-Maid Raisin Growers of California v. American Grocer Co.Court of Customs and Patent Appeals · 1930
  3. Richard Hellmann, Inc. v. Oakford & FahnestockCourt of Customs and Patent Appeals · 1932
  4. Baltimore Paint & Color Works v. Bennett Glass & Paint Co.Court of Customs and Patent Appeals · 1930
  5. Tetley v. Bay State Fishing Co.Court of Customs and Patent Appeals · 1936

3Cited by10 opinions

  1. Schering & Glatz, Inc. v. Sharp & Dohme, Inc.Court of Customs and Patent Appeals · 1944
  2. Celanese Corp. v. E. I. Du Pont De Nemours & Co.Court of Customs and Patent Appeals · 1946
  3. Rockwood Chocolate Co., Inc. v. Hoffman Candy CompanyCourt of Customs and Patent Appeals · 1967
  4. W. B. Roddenberg Co. v. KalichCourt of Customs and Patent Appeals · 1946
  5. Shoppers Fair of Arkansas, Inc. v. Sanders CompanyDistrict Court, W.D. Arkansas · 1962

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