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DUNNELL v. SAFEWAY STORES

No. 26230.

75 F.Supp. 900 (1947)

DUNNELL v. SAFEWAY STORES, Inc., et al.

District Court, N. D. California, S. D.

May 19, 1947.

Attorney(s) appearing for the Case

Joseph F. Westall, Edward F. Westall, and Westall & Westall, all of Los Angeles, Cal., and Charles M. Fryer, of San Francisco, Cal., for plaintiff.

Mitchell T. Neff, Willard S. Johnston and Orrick, Wahlquist, Neff, Brown & Herrington, all of San Francisco, Cal., for defendant and counterclaimant.

GOODMAN, District Judge.

This is a bill in equity under 35 U.S.C.A. § 63 for a declaration by the court that plaintiff is entitled to the registration of the trade-mark "Safeway" pursuant to his application therefor filed in the Patent Office, Serial No. 453,099. The Commissioner of Patents sustained the opposition of the defendant to the granting of plaintiff's application and refused the registration.

Plaintiff...

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