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Stark Bros. Co. v. Stark, 255 U.S. 50 (1921)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Stark Bros. Co. v. Stark, 255 U.S. 50 (1921)
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Stark Bros. Nurseries & Orchards Company v. Stark No. 171 Argued January 21, 1921 Decided January 31, 1921 255 U.S. 50
CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE EIGHTH CIRCUIT
Syllabus
1. The damages recoverable under the Trade-Mark Act for infringement of a registered trademark are limited to those inflicted after the registration, and, if the notice of registration has not been attached to the mark as prescribed by the act (§ 28), to those arising after the defendant was notified of infringement. P. 52.
2. Where the action arises wholly under the Trade-Mark Act, diversity of citizenship being absent, the district court is without jurisdiction to require an accounting for profits resulting from unfair competition before the registration, or (semble) before the notice conditioning liability to damages, ut supra.Id.
257 F. 9 affirmed.
The case is stated in the opinion.
Contents:
Chicago:
U.S. Supreme Court, "Syllabus," Stark Bros. Co. v. Stark, 255 U.S. 50 (1921) in 255 U.S. 50 255 U.S. 51. Original Sources, accessed July 4, 2025, http://www.originalsources.com/Document.aspx?DocID=QPD5FV46IX1AID8.
MLA:
U.S. Supreme Court. "Syllabus." Stark Bros. Co. v. Stark, 255 U.S. 50 (1921), in 255 U.S. 50, page 255 U.S. 51. Original Sources. 4 Jul. 2025. http://www.originalsources.com/Document.aspx?DocID=QPD5FV46IX1AID8.
Harvard:
U.S. Supreme Court, 'Syllabus' in Stark Bros. Co. v. Stark, 255 U.S. 50 (1921). cited in 1921, 255 U.S. 50, pp.255 U.S. 51. Original Sources, retrieved 4 July 2025, from http://www.originalsources.com/Document.aspx?DocID=QPD5FV46IX1AID8.
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