The U.S. Supreme Court case Empire Coal and Transportation Company v. Empire Coal and Mining Company in 1893 revolved around a dispute over trademark infringement. The plaintiff, the Empire Coal and Transportation Company, claimed that the defendant, the Empire Coal and Mining Company, was infringing on their trademark by using a similar name which could potentially confuse customers or clients due to its similarity with theirs. However, the court ruled in favor of the defendant stating that there was no evidence of any intent to deceive or mislead consumers into thinking they were dealing with another company than intended nor had it been proven that actual confusion had occurred as a result of this similarity in names between these two companies operating within different states.

The dissenting opinion in the case of Empire Coal and Transportation Company v. Empire Coal and Mining Company argued that the majority's decision to uphold a lower court ruling, which found for the defendant (Empire Coal and Mining Company), was incorrect. The dissent contended that there were significant differences between both companies' business operations, thus eliminating any potential confusion among consumers about their identities or services offered. Furthermore, it was pointed out that 'Empire' is a common term used by many businesses across various industries; therefore, its use alone should not constitute trademark infringement unless accompanied by additional similarities causing consumer confusion. The dissent also criticized the majority's reliance on English law precedents instead of American legal principles when making their decision.