Drackett Co. v. Chamberlain Co.

SCHOONMAKER, District Judge.

This is a bill in equity filed by the Drackett Company against the Chamberlain Company under the provisions of section 4915 of Revised Statutes, as amended (title 35, § 63, USCA), to review the action of the Commissioner of Patents in refusing trademark applications of the plaintiff upon the grounds that the marks sought to be registered were descriptive of the goods upon which the trade-marks were used, and hence not registerable. No award of priority as to the marks in question was made in the Patent Office, either to plaintiff or defendant. This action by the…