Hanover Star Milling Co. v. Metcalf

Citations

• 240 U.S. 403
• 36 S. Ct. 357
• 60 L. Ed. 713
• 1916 U.S. LEXIS 1463

Syllabus

<p>Two District Courts in different circuits having'granted temporary -injunctions, and both Circuit Courts of Appeals having reversed upon grounds that went to the merits and differed upon fundamental ■ questions- affecting the same trade-mark,' writs of .certiorari .were allowed by this court before final decrees, notwithstanding the general rule to the contrary.</p> <p>Where neither of the parties, citizens of different' States, has.- registered the trade-mark in- dispute under any -act- of Congress or un-. der thé law of any - State, and no local rule arising from statute .or decision)is shown., cases involving.the use of such tjrade-mark must be ■ determined according to applicable common-law prin..eiples.</p> <p>Redress accorded in trade-mark cases, is based upon the party’s right to be protected in the good will of the trade or business; and the English rule that a trade-mark is not the subject of property, except in connection with an. existing business, prevails generally in this country. .</p> <p>The common law of trade-marks is but a- part of the broader law of unfair competition.</p> <p>While common-law trade-marks and the right to their exclusive use-may be classed among property rights,- the right grows out of uso and not mere adoption.</p> <p>Where two parties independently employ the same trade-mark or name, not in general use and susceptible of adoption, upon goods of the same class but in separate and remote markets,- the question of prior appropriation is legally insignificant in the absence of in-,, tent on the part of the later adopter to take the benefit of the reputation, or to forestall extension of the trade, of the earlier adopter.</p> <p>While property in a trade-mark is not limited, so far as its use has. extended, by territorial bounds, the earlier adopter may not monopolize markets that his trade has never reached and where the mark - signifies no.t his goods but. those of another.</p> <p>So far as controversy over a trade-mark concerns