Oliver Wendell Holmes, Jr.

“ The infringement that is sued for is infringement of a registered trademark, not infringement of a trade-mark. That is the plain meaning of the above words and the necessary scope of this suit since that is the scope of the jurisdiction of the District Court. A. Lescher & Sons Rope Co. v. Broderick & Bascom Rope Co., 201 U.S. 166, 172, 26 Sup. Ct. 425, 50 L. Ed. 710. It seems very plain that the plaintiff had a cause of action outside the statute, but that would have to be asserted elsewhere, as the suit was between citizens of the same State. ”

“ The Circuit Court of Appeals concurred with the District Court as to the facts but limited the account as well as the damages to the date when notice was given of the registered mark, a few days before the bringing of this suit. 248 Fed. 154; Stark v. Stark Bros. Nurseries & Orchards Co., 257 Fed. 9, 168 C. C. A. 221. This limitation is the only question here. ”