Steet & Smith v. Atlas Mfg. Co., 231 U.S. 348 (1913)

Steet & Smith v. Atlas Manufacturing Company

No 618
Submitted November 10, 1913
Decided December 1, 1913
231 U.S. 348

APPEAL FROM THE CIRCUIT COURT OF APPEALS

FOR THE EIGHTH CIRCUIT

Syllabus

Judgments and decrees of the circuit courts of appeals arising under the Trade-Mark Act of February 20, 1905, are reviewable by this Court only on certiorari, and not on appeal or writ of error; appeals in such cases are not allowed under § 128 of the Judicial Code.

The Judicial Code does not purport to embody all the law upon the subjects to which it relates. Sections 292, 294 and 297 expressly bear upon the extent to which the Code affects or repeals prior laws and to which such prior laws remain in force.

The intent of Congress, as indicated in the provisions of the Judicial Code relating to the jurisdiction of this Court, was to extend, rather than contract, the finality of decisions of the circuit court of appeals. By the Act of February 20, 1905, Congress placed trademark cases arising under that statute upon the same footing as cases arising under the patent laws as respects the remedy by certiorari under the Circuit Courts of Appeals Act.

While the Judicial Code supersedes the Circuit Court of Appeals Act, references in other statutes to the latter act now relate to the corresponding sections of the Judicial Code, as is expressly provided by § 292 of the Code.

Section 297 of the Judicial Code did not repeal § 18 of the Trade-Mark Act of February 20, 1905.

Appeal from 204 F. 398 dismissed.

The facts, which involve the construction of the provisions of the Judicial Code affecting the jurisdiction of this Court of appeals from judgments of the circuit court of appeals in cases relating to trademarks, are stated in the opinion.