Maizels v. Kozer
This text of 276 P. 277 (Maizels v. Kozer) is published on Counsel Stack Legal Research, covering Oregon Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
This case arose in a controversy between two merchants over a trademark. The Hon. Sam A. Kozer, then Secretary of State, directed a cancellation of plaintiff’s trademark because, in his opinion, it was an infringement of a trademark to which A. Yolchok, the other merchant, was entitled. Plaintiff sued out a writ of review. The writ was not served on the opposing party to the proceeding before the Secretary of State, to wit: A. Yolchok. For this reason the Circuit Court was without juris *101 diction to entertain the case: Or. L., § 609; Williams v. Henry, 70 Or. 466, 468 (142 Pac. 337).
The judgment of the Circuit Court is reversed and proceedings dismissed. Reversed and Dismissed.
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Cite This Page — Counsel Stack
276 P. 277, 129 Or. 100, 1929 Ore. LEXIS 110, Counsel Stack Legal Research, https://law.counselstack.com/opinion/maizels-v-kozer-or-1929.