Stark v. Stark Bros. Nurseries & Orchards Co.
Court of Appeals for the Eighth Circuit
Appeal from the District Court of the United States for the Western District of Missouri; Arba S. Van Valkenburgh, Judge. Suit by the Stark Bros. Nurseries & Orchards Company against William P. Stark and others. Decree for plaintiff (248 Fed. 154), and defendants appeal. The appellee instituted this action to enjoin the appellants from infringing its registered trade-mark and from unfair competition, with the usual prayer for damages and an accounting of profits.
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Appeal from the District Court of the United States for the Western District of Missouri; Arba S. Van Valkenburgh, Judge. Suit by the Stark Bros. Nurseries & Orchards Company against William P. Stark and others. Decree for plaintiff (248 Fed. 154), and defendants appeal. The appellee instituted this action to enjoin the appellants from infringing its registered trade-mark and from unfair competition, with the usual prayer for damages and an accounting of profits. The appellee is a corporation existing under the laws of the state of Missouri, And the appellants, defendants in the court below,…
1Opinion of the CourtTrieber, District Judge
(after stating the facts as above). [1] It is undisputed that the appellee and its predecessors have used the name “Stark” in their ’nursery business for a century and that its products have an established reputation for quality. On June 24, 1913, it was granted a registration of the trade-mark “Stark Trees” under the 10-year clause of section 5 of the Trade-Mark Act of Congress of February 20, 1905 (33 Stat. 725, c. 592), as amended by the Act of February 18, 1911 (36 Stat. 918, c. 113; section 9490, U. S. Comp. Stat. 1916). That trade-mark consisted of the two words “Stark Trees,” as shown…
2Cases cited27 opinions
- McLean v. FlemingSupreme Court of the United States · 1878
- Saxlehner v. Eisner & Mendelson Co.Supreme Court of the United States · 1900
- Standard Paint Co. v. Trinidad Asphalt Manufacturing Co.Supreme Court of the United States · 1911
- Herring-Hall-Marvin Safe Co. v. Hall's Safe Co.Supreme Court of the United States · 1908
- Thaddeus Davids Co. v. Davids Manufacturing Co.Supreme Court of the United States · 1914
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- Juvenile Shoe Co. v. Federal Trade CommissionCourt of Appeals for the Ninth Circuit · 1923
- King Pharr Canning Operations, Inc. v. Pharr Canning Co.District Court, W.D. Arkansas · 1949
- Neubert v. NeubertCourt of Appeals of Maryland · 1932
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