Stark Bros. Co. v. Stark, 255 U.S. 50 (1921)

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Stark Bros. Nurseries & Orchards Company v. Stark

No. 171

Argued January 21, 1921
Decided January 31, 1921
255 U.S. 50

CERTIORARI TO THE CIRCUIT COURT OF APPEALS

FOR THE EIGHTH CIRCUIT

Syllabus

1. The damages recoverable under the Trade-Mark Act for infringement of a registered trademark are limited to those inflicted after the registration, and, if the notice of registration has not been attached to the mark as prescribed by the act (§ 28), to those arising after the defendant was notified of infringement. P. 52.

2. Where the action arises wholly under the Trade-Mark Act, diversity of citizenship being absent, the district court is without jurisdiction to require an accounting for profits resulting from unfair competition before the registration, or (semble) before the notice conditioning liability to damages, ut supra.Id.

257 F. 9 affirmed.

The case is stated in the opinion.