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A. B. HUMPHREY CO. v. ARKELIAN

No. 5715.

34 F.2d 749 (1929)

A. B. HUMPHREY CO. v. ARKELIAN et al.

Circuit Court of Appeals, Ninth Circuit.

September 16, 1929.

Attorney(s) appearing for the Case

Chas. E. Townsend and Wm. A. Loftus, both of San Francisco, Cal., for appellant.

W. M. Conley, Philip Conley, and Matthew Conley, all of Fresno, Cal., for appellees.

Before RUDKIN, DIETRICH, and WILBUR, Circuit Judges.

WILBUR, Circuit Judge.

A. B. Humphrey, in the winter of 1893 and spring of 1894, procured some grape cuttings from the Department of Agriculture at the State University in Berkeley, from grape vines which had been imported by the United States Department of Agriculture from Persia. Beginning in September, 1895, A. B. Humphrey entered into the business of marketing the grapes grown by him from these cuttings under the name "Lady Finger." In July, 1924, he registered...

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