Melville Fuller

“ The circuit court held that defendant's trademark or brand was clearly distinguishable from that of complainant, and said:
'There is no reasonable probability of the ordinary purchaser being deceived into buying the defendant's manufacture as that of complainant. The rule is well established that a trademark, word, or symbol has the elements of a property right, and may not be unlawfully used by a rival in business, either alone or as an accessory to such prior appropriation ”

“ This was a bill in equity for an injunction and accounting, the complainant alleging the defendant had infringed its technical trademark applied to shirts, and also was guilty of unfair competition. As complainant is a corporation of the state of New York and defendant is a citizen of the same state, the court's jurisdiction extends only to the use of the registered trademark in commerce between the states, with foreign nations, and the Indian tribes. ”

“ We think that the language of § 18 places suits brought under the trademark act plainly within the scope of the act establishing the court of appeals, and that a final decision of that court can be reviewed in this court only upon certiorari, and that therefore the pending appeal must be dismissed. ”