Montevallo Mining Co. v. Little Gem Coal Co.

D.C. Circuit

Montevallo Mining Co. v. Little Gem Coal Co.

17 F.2d 688, 57 App. D.C. 100, 1927 U.S. App. LEXIS 3009

CourtCourt of Appeals for the D.C. Circuit

DecidedFebruary 7, 1927

DocketNo. 1890

StatusPublished

This text of 17 F.2d 688 (Montevallo Mining Co. v. Little Gem Coal Co.) is published on Counsel Stack Legal Research, covering Court of Appeals for the D.C. Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Montevallo Mining Co. v. Little Gem Coal Co., 17 F.2d 688, 57 App. D.C. 100, 1927 U.S. App. LEXIS 3009 (D.C. Cir. 1927).

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Opinion

VAN ORSDEL, Associate Justice.

This is a trade-mark cancellation proceeding, brought by Little Gem Coal Company and its distributing agent, Blake Coal Company, seeking the cancellation of the trade-mark “Montevallo,” registered by appellant, Montevallo Mining Company, for use on coal.

It appears that situated in the Cahaba Valley in Alabama is the town of Mon'tevallo. This town existed long prior to the discovery of deposits of coal in the Cahaba Valley. It further appears that appellant and appellees companies are both engaged in the coal-mining industry, extracting coal from the same seam, located in what is known as the Montevallo Basin, in the vicinity of the town of Montevallo. The mark is purely geographical, and is not subject, under the Trade-Mark Act, to registration by either company.

The decision of the Commissioner of Patents, canceling the registration of the mark by appellant company, is right, and accordingly affirmed.

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VAN ORSDEL, Associate Justice.

This is a trade-mark cancellation proceeding, brought by Little Gem Coal Company and its distributing agent, Blake Coal Company, seeking the cancellation of the trade-mark “Montevallo,” registered by appellant, Montevallo Mining Company, for use on coal.

It appears that situated in the Cahaba Valley in Alabama is the town of Mon'tevallo. This town existed long prior to the discovery of deposits of coal in the Cahaba Valley. It further appears that appellant and appellees companies are both engaged in the coal-mining industry, extracting coal from the same seam, located in what is known as the Montevallo Basin, in the vicinity of the town of Montevallo. The mark is purely geographical, and is not subject, under the Trade-Mark Act, to registration by either company.

The decision of the Commissioner of Patents, canceling the registration of the mark by appellant company, is right, and accordingly affirmed.

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Bluebook (online)

17 F.2d 688, 57 App. D.C. 100, 1927 U.S. App. LEXIS 3009, Counsel Stack Legal Research, https://law.counselstack.com/opinion/montevallo-mining-co-v-little-gem-coal-co-cadc-1927.