United States Ex Rel. Baldwin Co. v. Robertson, 265 U.S. 168 (1924)

United States ex Rel. Baldwin Co. v. Robertson

No. 251

Argued April 29, 1924
Decided May 26, 1924
265 U.S. 168

APPEAL FROM THE COURT OF APPEALS

OF THE DISTRICT OF COLUMBIA

Syllabus

1. A decree of the Court of Appeals of the District of Columbia directing dismissal of a bill for want of jurisdiction upon a construction of the Trade Mark Act is renewable here by appeal under Jud.Code § 250. P. 176.

2. Under § 9 of the Trade Mark Act, the registrant of a trademark who successfully resisted an application to cancel before the Commissioner but was defeated on his opponent’s appeal to the Court of Appeals of the District of Columbia, may maintain a bill under Rev.Stats. § 4915, to enjoin the Commissioner from cancelling the registration. American Steel Foundries v. Robertson, 262 U.S. 209. P. 177.

3. A bill brought under Rev.Stats. § 4915 to enjoin the Commissioner of Patents from cancelling a trademark registration pursuant to a decision of the court of appeals is not barred by Rev.Stats. § 4894 where the delay beyond the period there prescribed was justified by the taking of an appeal to this Court which was, however, dismissed for want of jurisdiction. P. 181.

287 F. 942, 52 App.D.C. 368, reversed; certiorari denied.

Appeal from a decree of the Court of Appeals of the District of Columbia reversing a decree of the Supreme Court of the District which enjoined the cancellation of a trademark registration, and directing that the bill be dismissed for want of jurisdiction.