Postum Cereal Co. v. California Fig Nut Co.

The Postum Cereal Company and its predecessors in title have for years manufactured a cereal breakfast food to which they applied, as a trade-mark, the word “ Grape- Nuts,” for which they secured registrations under the Trade-Mark Registration Act of February 20, 1905 (38 Stat. .727) and amendments. They filed a petition of opposition to the registration , by the California Fig Nut Company of the trade-mark “ Fig-Nuts ” which that company had registered under the Act of March 19, 1920, § 1, par. b, 41 Stat. 533.

Séction 2 of the same Act provides that when any-person shall deem himself injured…