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BACARDI CORP. v. DOMENECH

No. 21.

311 U.S. 150 (1940)

61 S.Ct. 219

85 L.Ed. 98

BACARDI CORPORATION OF AMERICA v. DOMENECH, TREASURER OF PUERTO RICO, ET AL.

Supreme Court of United States.

Decided December 9, 1940.

Attorney(s) appearing for the Case

Messrs. Edward S. Rogers and Preston B. Kavanagh, with whom Messrs. Karl D. Loos and Jerome L. Isaacs were on the brief, for petitioner.

Mr. William Cattron Rigby, with whom Messrs. George A. Malcolm, Attorney General of Puerto Rico, and Nathan R. Margold were on the brief, for Manuel V. Domenech, Treasurer of Puerto Rico, respondent; and Mr. David A. Buckley, Jr. for Destileria Serralles, Inc., intervenor-respondent.

MR. CHIEF JUSTICE HUGHES delivered the opinion of the Court.

This case presents the question of the validity of legislation of Puerto Rico prohibiting the use of trade marks, brands, or trade names, on distilled spirits manufactured in Puerto Rico if the marks, brands, or names had previously been used anywhere outside Puerto Rico, unless they had been used on spirits manufactured in Puerto Rico on or before February 1, 1936...

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