RYDER
v.
HOLT

U.S. | 1888-12-10
No. 76
128 U.S. 525 Supreme Court of the United States (1888) Caution
Also reported at: 32 L. Ed. 529 · 9 S. Ct. 145 · SCDB 1888-061 · 1888 U.S. LEXIS 2247
Cited by 9 cases
Opinion of the Court
Mr. Chief Justice Fuller

Mr. Chief Justice Fuller delivered the opinion of the court.

It was stipulated in the Circuit Court that this cause should abide the event of Menendez v. Holt, ante, 514, just decided, and the <;same decree in favor of complainants was, therefore, rendered in this as in that case. But it is now assigned for error that, as defendant and' complainants below were citizens of the same State, and the bill did not allege that the trade-mark' in controversy was “ used on goods intended to be transported to a foreign country,” Act of March 3, 1881, c. 138, § 11,. 21 Stat. 502, the Circuit Court had no jurisdiction, and the decree must be reversed for that reason. The objection is well taken, and the decree is accordingly ' '

Reversed.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • United Drug Co. v. Theodore Rectanus Co., 248 U.S. 90 (U.S. 1918)
    …c. 462) could have no extraterritorial effect. And the Act of Congress of March 3, 1881, c. 138, 21 Stat. 502/ applied only to. commerce with foreign nations or the Indian tribes, with either of which this case has nothing to do. See Ryder v. Holt, 128 U. S. 525. Nor is there any provision making registration equivalent to notice of rights claimed thereunder. The Act of February 20, 1905, c. 592, 33 Stat. 724, which took the place of the 1881 Act, while extending protection to trade-marks used in interstate…
  • Standard Paint Co. v. Trinidad Asphalt Mfg. Co., 220 U.S. 446 (U.S. 1911)
  • Warner v. Searle & Hereth Co., 191 U.S. 195 (U.S. 1903)
    …infringement, it must appear that the alleged counterfeit or imitation was being used on merchandise intended to be transported to a foreign country or in lawful commercial intercourse with an Indian tribe. We so held, in effect, in Ryder v. Holt, 128 U. S. 525, and we see no reason to depart from that ruling. , But the evidence m this record' does not show that defendant used the name of its preparation on merchandise intended to be so transported, while the sales proved were sales in the city of Chicago…

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