George Benz Sons, Inc. v. Schenley Distillers Corp.

Thomas Gallagher, Justice.

George Benz Sons, Inc., appeals from an order of the district court quashing a writ of certiorari brought to review an order of respondent liquor control commissioner cancelling appellant’s registration of the label or trademark “Blue Ribbon” as applied to straight whiskey and ordering it registered in the name of Bernheim Distilling Company.

The question presented is whether Bernheim Distilling Company, which claims ownership of this label, had abandoned use thereof, under Minn. St. 1941, 340.62, as amended by L. 1945, c. 291, § 1 (now M. S. A. 340.62), which…