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Hanover Star Milling Company v. Metcalf

United States Supreme Court
240 U.S. 403 (1916)


Facts

In 1900, Hanover Star Milling Company (Hanover) (plaintiff) began selling flour in Alabama, using a distinctive logo and the brand name “Tea Rose.” Allen & Wheeler Company (Allen & Wheeler) (defendant) had been using the Tea Rose mark to sell flour since 1872, but it did not use the mark in Alabama. Allen & Wheeler brought a trademark-infringement action against Hanover. Though Allen & Wheeler did not sell Tea Rose flour in Alabama, the district court enjoined Hanover from selling Tea Rose flour in all markets. Neither party had registered the mark. The circuit court reversed. Allen & Wheeler appealed. The United States Supreme Court converted the appeal to a review on certiorari.

Rule of Law

Issue

Holding and Reasoning (Pitney, J.)

Concurrence (Holmes, J.)

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