A. Leschen & Sons Rope Co. v. Broderick & Bascom Rope Co.
Supreme Court of the United States
APPEAL PROM THE CIRCUIT COURT OF APPEALS FOR THE EIGHTH CIRCUIT. ' This was a bill in equity brought in the Circuit Court for the Eastern District of Missouri by the appellant, a Missouri corporation, against the appellee, another Missouri corporation, for the infringement of a trade-mark for wire rope, registered under the act of Cong’-’ess of March 3, 1881, 21 Stat.. 502. The bill alleged that the plaintiff, the A. Leschen & Sons Rope Company, in 1888 had “adopted for its…
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APPEAL PROM THE CIRCUIT COURT OF APPEALS FOR THE EIGHTH CIRCUIT. ' This was a bill in equity brought in the Circuit Court for the Eastern District of Missouri by the appellant, a Missouri corporation, against the appellee, another Missouri corporation, for the infringement of a trade-mark for wire rope, registered under the act of Cong’-’ess of March 3, 1881, 21 Stat.. 502. The bill alleged that the plaintiff, the A. Leschen & Sons Rope Company, in 1888 had “adopted for its use as a trademark for its highest and best grade of wire rope, a strand of a different color from the other strands of…
1Opinion of the CourtJustice Brown
As both parties are citizens of the State of Missouri, the jurisdiction of the Circuit Court can only be sustained upon the theory that the case is one arising under the Constitution and laws of the United States.
By an act of Congress of July 8, 1870,16 Stat. 198, 210, § 77, to revise the statutes relating to. patents and copyrights, Rev. Stat. § 4937, permission was given citizens of the United States and some others, "who are entitled to the exclusive use of any lawful trade-mark, or intend to adopt and use any trade-mark for exclusive use within the United States, ” to obtain registration…
2Cases cited1 opinion
- United States v. SteffensSupreme Court of the United States · 1879
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