E. McIlhenny's Son v. B. F. Trappey
Court of Appeals for the D.C. Circuit
Appeal from the Commissioner of Patents. Two petitions by B. E. Trappey & Sons against K. Mcffiienny’s Son, for the cancellation of two trade-marks. Prom decisions of the Commissioner of Patents, canceling the trade-marks, the registrant thereof appeals,
1Opinion of the Court
ROBB, Associate Justice.
These are appeals from decisions of the Patent Office sustaining appellees’ petition for the cancellation of two trade-marks registered by appellant under the so-called ten-year clause of the Trade-Mark Act (Comp. St. § 9490). We here reproduce the mark involved in No. 1468, which differs from the mark in No. 1469 merely in the coloring employed:
In appellees’ petition for cancellation it is averred that since 1896 it has continuously manufactured and sold in interstate commerce tabasco pepper sauce, and that since about 1898 it has used the following label on its goods:
2Cases cited4 opinions
- Estate of P. D. Beckwith, Inc. v. Commissioner of PatentsSupreme Court of the United States · 1920
- Thaddeus Davids Co. v. Davids Manufacturing Co.Supreme Court of the United States · 1914
- McIlhenny Co. v. TrappeyCourt of Appeals for the D.C. Circuit · 1922
- New Iberia Extract of Tabasco Pepper Co. v. E. McIlhenny's SonSupreme Court of Louisiana · 1912
3Cited by5 opinions
- In re Mason Tire & Rubber Co.Court of Appeals for the D.C. Circuit · 1926
- Horlick's Malted Milk Co. v. Borden Co.District Court, District of Columbia · 1924
- Kraft Cheese Co. v. CoeCourt of Appeals for the D.C. Circuit · 1944
- Black Bros. Flour Mills v. DennieCourt of Appeals for the D.C. Circuit · 1928
- General Shoe Corp. v. RosenDistrict Court, S.D. West Virginia · 1939