McIlhenny's Son v. New Iberia Extract of Tobasco Pepper Co.
Court of Appeals for the D.C. Circuit
Hearing on an appeal from a decision of the Commissioner of Patents overruling a demurrer to a petition for the cancelation of a registered trademark. The facts are stated in the opinion.
1Opinion of the CourtJustice Robb
This is an appeal from a decision of the Commissioner of Patents overruling a general demurrer filed by appellant, E. Mellhenny’s Son, to a petition filed by appellee, the New Iberia Extract of Tobasco Pepper Company, Limited, for the cancelation of the word “Tobasco,” which appellant had registered in the Patent Office as a trademark for pepper sauce.
The petition demurred to was filed under the provisions of sec. 13 of the act of February 20, 1905 (33 Stat. at L. 724, chap. 592, TJ. S. Comp. Stat. Supp. 1907, p. 1008), which reads as- follows: “That whenever any person shall deem himself…
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