McKesson & Robbins, Inc. v. Charles H. Phillips Chemical Co.

AUGUSTUS N. HAND, Circuit Judge.

This is a suit brought under section 4915 of the U. S. Revised Statutes (35 USCA § 63) to obtain the cancellation of two trademark registrations of the defendant. One, No. 46,225, was a registration of “Milk of Magnesia,” September 12, 1905, and the other, No. 75,501, was a registration of “Lechede-Magnesia,” October 12, 1905. Each of these registrations was taken out under the so-eaHed ten-year clause of the act of 1905. That clause allowed the registration of any mark used in interstate or foreign commerce by the applicant, or by his predecessors in title,…