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BLACK BAND CONSOL. COAL CO. v. GLENN COAL CO.

No. 1948.

20 F.2d 284 (1927)

BLACK BAND CONSOL. COAL CO. v. GLENN COAL CO. et al.

Court of Appeals of District of Columbia.

Decided May 26, 1927.

Attorney(s) appearing for the Case

V. E. Hodges, of Washington, D. C., for appellant.

A. A. Lilly, of Charleston, W. Va., for appellees.

Before MARTIN, Chief Justice, and ROBB and VAN ORSDEL, Associate Justices.

MARTIN, Chief Justice.

Appeal from a decision canceling a trade-mark registration.

In July, 1923, appellant applied for registration of its alleged trade-mark "Black Band" for mined coal, alleging continuous use of the same in applicant's business since June 5, 1923. On April 1, 1924, registration was granted.

In September, 1924, the appellees instituted a cancellation proceeding, and in August, 1925, the Examiner of Interferences, after hearing the...

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