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STARK BROS. NURSERIES & ORCHARDS CO. v. STARK

No. 171.

255 U.S. 50 (1921)

STARK BROS. NURSERIES & ORCHARDS COMPANY v. STARK ET AL., TRUSTEES, DOING BUSINESS UNDER THE NAME AND STYLE OF WILLIAM P. STARK NURSERIES.

Supreme Court of United States.

Decided January 31, 1921.

Attorney(s) appearing for the Case

Mr. Andrew B. Remick for petitioner.

Mr. Xenophon P. Wilfley for respondents.

MR. JUSTICE HOLMES delivered the opinion of the court.

This is a suit brought September 11, 1916, in the District Court of the United States, by the petitioner, a Missouri corporation, against citizens of Missouri, for an infringement of a trade-mark, "Stark Trees," registered under the Act of Congress of February 20, 1905, c. 592, 33 Stat. 724, and amendments. The District Court found infringement and unfair competition, granted an injunction, and made a decree for...

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