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GALENA MFG. CO. OF ILLINOIS v. COE

No. 7941.

130 F.2d 437 (1942)

GALENA MFG. CO. OF ILLINOIS v. COE, Commissioner of Patents (SUPERIOR OIL WORKS, Intervener).

United States Court of Appeals for the District of Columbia.

Decided June 30, 1942.

Attorney(s) appearing for the Case

Mr. Ralph Munden, of Chicago, Ill., with whom Messrs. E. W. Shepard, of Washington, D. C., and Henry M. Huxley, of Chicago, Ill., were on the brief, for appellant.

Mr. W. W. Cochran, Solicitor, United States Patent Office, of Washington, D. C., for appellee Coe.

Mr. James Hamilton, of Washington, D. C., for appellee Superior Oil Works.

Before STEPHENS, VINSON, and EDGERTON, Associate Justices.

PER CURIAM.

The District Court refused to enjoin the Commissioner of Patents from cancelling1 appellant Galena Manufacturing Company's trade-mark registrations Nos. 46,026 and 51,465, which cover use of the word Superior in connection with lubricating oils and greases. Since the word is descriptive, it was subject to registration only if it "was in actual and exclusive use as a trade-mark of the applicant, or his predecessors from whom...

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