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

APPEAL FROM THE CIRCUIT COURT OF APPEALS
FOR THE SECOND CIRCUIT

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.