Legal Opinion

Van Camp Sea Food Co. v. Westgate Sea Products Co.

Court of Appeals for the Ninth Circuit

Decided November 5, 1928No. 5516PublishedCited by 23 opinions

1Opinion of the Court

DIETRICH, Circuit Judge.

Both parties are packers of tuna fish, with places of business in Southern California. The appellant (plaintiff below) adopted, used, and caused to be registered in the United States Patent Office as its trade-mark the phrase “Chicken of the Sea.” Thereafter the appel-lee began to use, and caused to he registered, as its, trade-mark “Breast-O’-Chieken.” Alleging that this is an infringement of its mark, appellant brought this suit to enjoin its use. By the amended bill we are informed that in either ease the trade-mark is applied by displaying it in conspicuous letters…

2Cases cited12 opinions

  1. Estate of P. D. Beckwith, Inc. v. Commissioner of PatentsSupreme Court of the United States · 1920
  2. Liggett & Myers Tobacco Co. v. FinzerSupreme Court of the United States · 1888
  3. P. Lorillard Co. v. PeperCourt of Appeals for the Eighth Circuit · 1898
  4. S. R. Feil Co. v. John E. Robbins Co.Court of Appeals for the Seventh Circuit · 1915
  5. Loughran v. Quaker City Chocolate & Confectionery Co.Court of Appeals for the Third Circuit · 1924

7 more not listed; retrieve them via the Exa API.

3Cited by23 opinions

  1. James Heddon's Sons v. Millsite Steel & Wire Works, Inc.Court of Appeals for the Sixth Circuit · 1942
  2. Norm Thompson Outfitters, Inc., an Oregon Corporation v. General Motors Corporation, a Delaware CorporationCourt of Appeals for the Ninth Circuit · 1971
  3. Christianson v. West Pub. Co.Court of Appeals for the Ninth Circuit · 1945
  4. Van Camp Sea Food Co. v. Alexander B. Stewart OrganizationsCourt of Customs and Patent Appeals · 1931
  5. Brown v. Ford Motor Co.District Court, E.D. Michigan · 1944

18 more not listed; retrieve them via the Exa API.

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