Citation Codes Equivalent Citations citation codes Attorney(S) For appellant there was a brief over the names of Mr. I.H. Van Winkle, Attorney General, with an oral argument by Mr. J.B. Hosford, Assistant Attorney For respondent there was a brief oral argument by Mr. B.W. See more information ... Smart Summary Please sign up to generate summary. H. MAIZELS v. SAM A. KOZER, SECRETARY OF STATE. REVERSED. PER CURIAM. 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. Volchok, 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. Volchok. For this reason the Circuit Court was without jurisdiction to entertain the case: Or. L., § 609; Williams v. Henry, 70 Or. 466, 468 ( 142 P. 337). The judgment of the Circuit Court is reversed and proceedings dismissed. REVERSED AND DISMISSED.