Hanover Star Milling Company v. Metcalf
United States Supreme Court
240 U.S. 403 (1916)
Allen & Wheeler Company (plaintiff-in-error) had used the "Tea Rose" mark on flour since 1872, but never in Alabama. Hanover Star Milling Company (defendant-in-error) began selling Tea Rose flour in Alabama in 1900, using its own logo, without knowledge of Allen & Wheeler's prior use elsewhere. Neither party had registered the mark. Allen & Wheeler sued for trademark infringement, and the district court enjoined Hanover from selling Tea Rose flour in any market; the circuit court reversed, and Allen & Wheeler's appeal was converted to certiorari review by the Supreme Court.
Whether a party is permitted to use a mark in a specific geographic area, even if that mark had been previously used by another party in a different geographic area.