DocketNumber: Nos. 25032, 25033
Citation Numbers: 60 F. Supp. 990
Judges: Pine
Filed Date: 6/7/1945
Status: Precedential
Modified Date: 11/26/2022
These are actions under Sec. 4915, R.S., 35 U.S.C.A. § 63. Plaintiff applied for registration of a trade mark consisting of the term Pacific Spray for canned crab meat. Defendants Cranberry Canners, Inc., and Ilwaco Oyster Co. filed respective notices of opposition to such registration. Prior use by opposers is not in issue. The mark registered to Cranberry Canners, Inc., is Ocean Spray and is applied to canned cranberries. The mark registered to Ilwaco Oyster Co. is Northern Spray and is applied to canned oysters. Canned crab meat and canned cranberries are goods of the same descriptive properties within the meaning of the Trade Mark Laws, 15 U.S.C.A. § 85. This is also true of canned
I therefore find for the defendants in both cases. Counsel will prepare and submit, on notice, judgments and findings of fact and conclusions of law.