United States Printing Lithograph Co v. Griggs, Cooper Co
| Decision Date | 08 April 1929 |
| Docket Number | No. 372,372 |
| Parties | UNITED STATES PRINTING & LITHOGRAPH CO. v. GRIGGS, COOPER & CO |
| Court | U.S. Supreme Court |
Messrs. Walter F. Murray and Frank F. Dinsmore, both of Cincinnati, Ohio, for petitioner.
Messrs. E. H. Morphy and C. W. Cummins, both of St. Paul, Minn., for respondent.
This is a suit brought by the respondent, a corporation of Minnesota, against the petitioner, a corporation of Ohio, alleging that the plaintiff has a trade-mark 'Home Brand,' registered in the Patent Office for various grocers' goods which it sells at wholesale in certain named States of the Northwest; and that the defendant is printing and selling labels for similar grocers' goods, containing the word 'Home,' which labels are used by the purchasers in States other than those in which the plaintiff has established a market. No interference with interstate or foreign commerce is alleged. The bill seeks an injunction against printing and selling such labels for any groceries that the plaintiff sells. The trial court found that facts to be as above stated and the Supreme Court held that the 'purpose and effect of the (Trade-Mark Act of February 20, 1905, c. 592, § 16; 33 Stat. 728, (Code tit. 15, § 96; 15 USCA § 96)) was to project the trade mark rights of the registrant and owner thereof into all the states even in advance of the establishment of trade therein, and to afford full protection to such registrant and owner.' If affirmed a judgment for the plaintiff giving the relief prayed and a writ of certiorari was granted by this Court.
In the Trade-Mark Cases, 100 U. S. 82, 25 L. Ed. 550, it was held that the earlier acts attempting to give these unlimited rights were beyond the power of Congress. Soon after that decision an Act of March 3, 1881 (21 Stat. 502), gave remedies for the wrongful use of a registered trade mark in foreign commerce or commerce with Indian Tribes. It was said that obviously the Act was passed in view of the above-mentioned case, that only the trade-mark used in such commerce was admitted to registry and that the registered mark could only be infringed when used in that commerce. Warner v. Searle & Hereth Co., 191 U. S. 195, 204, 24 S. Ct. 79, 48 L. Ed. 145 (see United Drug Co. v. Theodore Rectanus Co., 248 U. S. 90, 99, 39 S. Ct. 48, 63 L. Ed. 141) and the constitutionality of the Act even when so limited was left open. 191 U. S. 206 (24 S. Ct....
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...when used in such cases as American Trading Co. v. H. E. Heacock Co., supra, and United States Printing & Lithograph Co. v. Griggs, Cooper & Co., 279 U.S. 156, 49 S.Ct. 267, 73 L.Ed. 650, is that the Act of 1905 does not apply if the alleged infringing mark is used only in intrastate commer......
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