THORNE, NEALE & CO. v. COE

No. 8600.

143 F.2d 155 (1944)

THORNE, NEALE & CO., Inc., v. COE, Commissioner of Patents, et al.

United States Court of Appeals District of Columbia.

Decided June 19, 1944.


Attorney(s) appearing for the Case

Mr. Donald S. Caruthers, of Washington, D. C., with whom Messrs. E. W. Mollohan, Jr., and Carl H. Willingham, both of Washington, D. C., were on the brief, for appellant.

Mr. A. W. Murray, of Chicago, Ill., with whom Mr. Eugene E. Stevens, of Washington, D. C., was on the brief, for appellee Carney.

Mr. E. L. Reynolds, of Washington, D. C., with whom Mr. W. W. Cochran, Solicitor, United States Patent Office, of Washington, D. C., was on the brief, for appellee Coe.

Before MILLER, EDGERTON, and ARNOLD, Associate Justices.


PER CURIAM.

Appellant brought this suit1 against appellees, the Commissioner of Patents and Carney, to obtain registration of a trademark. Registration had been refused by the Commissioner because of the previous registration of trade-mark No. 174,444. The complaint alleges the following facts. Registration No. 174,444 was granted to Harrisburg Coal Mining Company in 1923. That corporation was adjudged bankrupt in 1934. On August 27, 1934...

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