Philadelphia Inquirer Co. v. Coe

CHESNUT, District Judge.

The question to be decided in this case is whether the Philadelphia Inquirer Company (a newspaper publisher) is entitled to federal registration of the trade-mark “Everybody’s Weekly” for a “weekly newspaper section”. The mark was rejected by the Examiner in the Patent Office, and also by the Commissioner on an ex parte appeal to him, on the ground of prior ownership and use of the same mark by a British weekly magazine.

There are no jurisdictional or procedural questions raised in the case. It is conceded that the application for registration was duly conducted in the…