G. & C. Merriam Co. v. Syndicate Publishing Co.

Citations

• 237 U.S. 618
• 35 S. Ct. 708
• 59 L. Ed. 1148
• 1915 U.S. LEXIS 1376

Syllabus

<p>In a case where diverse citizenship exists, the decree of the Circuit Court of Appeals is final unless in addition to thé allegations of diverse citizenship, the bill contains averments of a catise of action, and consequent basis of jurisdiction, arising under the Constitution or laws of the United States.</p> <p>.If the jurisdiction of the District Court was invoked on the ground of diversity of citizenship, and averments -as to a Federal right are unsustainable and frivolous, or foreclosed by former adjudication of this c'ourt, the appeal from the judgment of the Circuit Court of Appeals must be, dismissed.</p> <p>Where the jurisdiction below rests on diverse citizenship, averments of unfair trade,which do not contain any elements of a cause of action under the Federal Constitution or statutory law, afford no basis for jurisdiction of this court of an appeal from the decree of the Circuit Court of Appeals.</p> <p>The Trade-mark Act of 1881 expressly denied the right of an applicant to obtain a trade-mark on his own name, or to acquire in a proper naipe trade-mark rights not recognized at common law.</p> <p>The Trade-mark Act of 1905 does recognize the right to obtain trademarks in a proper name when the same has been in use under specified conditions for ten years, but makes the judgment of the Circuit Court of Appeals final in eases arising under the Act. Street & Smith v. Atlas Co., 231 U. S. 348.</p> <p>As is the case with patents, so after the expiration of copyright securing the exclusive right of publication, the further use of .the name by which the publication was known and sold cannot be acquired by registration as a trade-mark. Merriam v. Hollaway Co., 43 Fed. Rep. 450,- approved; and see Jane v. Singer Manufacturing Co., 163 U. S. 169.</p> <p>The word “Webster” was not subject to registration as a trade-, mark under the act of 1881, and a contention based on an attempted registration affords no jurisdiction for this court to review a judgment of the