United States Supreme Court Cases & Opinions

U.S. Supreme Court

Hutchinson, Pierce & Co. v. Loewy, 217 U.S. 457 (1910)

Hutchinson, Pierce & Co. v. Loewy

No. 182

Argued April 29, 1910

Decided May 16, 1910

217 U.S. 457

Syllabus

In a suit in the Circuit Court under the Trademark Act where diverse citizenship does not exist, the court's jurisdiction extends only to the use of the registered trademark in commerce between the states with foreign nations and the Indian Tribes.

Under §§ 17, 18, of the Trademark Act of February 20, 1905, c. 592, 33 Stat. 724, and 6 of the Circuit Court of Appeals Act of March 3, 1891, c. 51, 26 Stat. 826, a final decision of the circuit court of appeals in a case brought under the Trademark Act can only be reviewed by this Court upon certiorari. Atkins v. Moore, 212 U. S. 284.

Appeal from 163 F. 42 dismissed.

The facts, which involve the jurisdiction of this Court of an appeal from the circuit court of appeals in a suit brought under the Trademark Act of 1905, are stated in the opinion.

Page 217 U. S. 459