Thorne, Neale & Co. v. Coe

Appellant brought this suit1 against appellees, the Commissioner of Patents and Carney, to obtain registration of a trademark. Registration had been refused by the Commissioner because of the previous registration of trade-mark No. 174,444. The complaint alleges the following facts. Registration No. 174,444 was granted to Harrisburg Coal Mining Company in 1923. That corporation was adjudged bankrupt in 1934. On August 27, 1934, upon the petition of Harry C. Lee, Llarrisburg’s trustee in bankruptcy, the referee in bankruptcy entered an order which authorized and directed the trustee to abandon…