GOODYEAR TIRE & RUBBER CO. v. ROBERTSON

No. 2659.

25 F.2d 833 (1928)

GOODYEAR TIRE & RUBBER CO. v. ROBERTSON, Commissioner of Patents.

Circuit Court of Appeals, Fourth Circuit.

April 10, 1928.


Attorney(s) appearing for the Case

Archibald Cox, of New York City (R. S. Trogner, of Akron, Ohio, William Pepper Constable, of Baltimore, Md., and William G. Henderson, of Washington, D. C., on the brief), for appellant.

T. A. Hostetler, Sol. U. S. Patent Office, of Washington, D. C. (J. F. Mothershead, of Washington, D. C., on the brief), for appellee.

Before WADDILL and PARKER, Circuit Judges, and WEBB, District Judge.


WADDILL, Circuit Judge.

A bill in equity was filed in this cause in the United States District Court for the District of Maryland to require the Commissioner of Patents of the United States to register a trade-mark under the Trade-Mark Act in accordance with an application theretofore filed by the complainant in the Patent Office on July 27, 1921. The bill was filed pursuant to the provisions of section 9 of the Trade-Mark Act of February 20, 1905 (33 Stat. 727 [15...

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