United States Supreme Court Cases & Opinions

U.S. Supreme Court

Postum Cereal Co. v. California Fig Nut Co., 272 U.S. 693 (1927)

Postum Cereal Co. v. California Fig Nut Company

No. 22

Submitted November 9, 1926

Decided January 3, 1927

272 U.S. 693

Syllabus

1. A proceeding in the Court of Appeals of the District of Columbia under § 9 of the Trade-Mark Act of 1905 to review a decision of the Commissioner of Patents refusing to cancel the registration of a trademark, is an administrative matter, and not a "case" within the meaning of Art. III of the Constitution. P. 272 U. S. 698.

2. This Court therefore has no constitutional power to review the decision of the Court of Appeals in such a proceeding -- not even when that court dismisses the appeal from the Commissioner for want of jurisdiction under the Trade-Mark Act. P. 272 U. S. 699.

Appeal from 53 App.D.C. 320, 290 Fed. 340, dismissed.

Appeal from a decision of the Court of Appeals of the District of Columbia in a proceeding to review a decision of the Commissioner of Patents refusing to cancel the registration of a trademark. The decision of the court below dismissed the appeal for lack of jurisdiction under the Trade-Mark Act. An application to this Court for a writ of certiorari was denied, 266 U.S. 609.

Page 272 U. S. 695