Warner v. Searle & Hereth Co.
Supreme Court of the United States
APPEAL FROM THE COURT’OF APPEALS FOR THE SEVENTH CIRCUIT. William R. Warner,' a citizen of Pennsylvania, filed this bill against The Searle & Hereth Company, a corporation of Illinois, and Gideon D. Searle and others', citizens of Illinois, in the Circuit Court of the United States for the Northern District of Illinois, alleging: . That complainant “was: the sole and exclusive owner and proprietor of, and had used in his business in Philadelphia and in commerce between the…
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APPEAL FROM THE COURT’OF APPEALS FOR THE SEVENTH CIRCUIT. William R. Warner,' a citizen of Pennsylvania, filed this bill against The Searle & Hereth Company, a corporation of Illinois, and Gideon D. Searle and others', citizens of Illinois, in the Circuit Court of the United States for the Northern District of Illinois, alleging: . That complainant “was: the sole and exclusive owner and proprietor of, and had used in his business in Philadelphia and in commerce between the United States and foreign countries, and particularly with New South Wales and Victoria, a certain arbitrary and fanciful…
1Opinion of the CourtChief Justice Fuller
In the Trade-Mark Cases, 100 U. S. 82, it was ruled that the act of July 8, 1870, carried forward into sections 4937 to 4947 of the Revised Statutes, was invalid for want of constitutional authority, inasmuch as it was so framed that its provisions were applicable to all commerce, and could not be confined to that which was subject to the control of Congress. But Mr. Justice Miller, speaking for the court, said-that the question “whether the trade-mark bears such a relation to commerce in general terms as to bring it within Congressional control, when used or applied to the classes of…
2Cases cited2 opinions
- United States v. SteffensSupreme Court of the United States · 1879
- Ryder v. HoltSupreme Court of the United States · 1888
3Cited by24 opinions
- Henningsen v. United States Fidelity & Guaranty Co. of BaltimoreSupreme Court of the United States · 1908
- Standard Paint Co. v. Trinidad Asphalt Manufacturing Co.Supreme Court of the United States · 1911
- Baglin v. Cusenier Co.Supreme Court of the United States · 1911
- Jacobs v. BeechamSupreme Court of the United States · 1911
- Ramirez & Feraud Chili Co. v. Las Palmas Food CompanyDistrict Court, S.D. California · 1956
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