This is a list of cases reported in volume 305 of United States Reports, decided by the Supreme Court of the United States in 1938 and 1939. Justices of the Supreme Court at the time of volume 305 U.S. The Supreme Court is established by Article III, Section 1 of the Constitution of the United States, which says: "The judicial Power of the United States, shall be vested in one supreme Court . . .". The size of the Court is not specified; the Constitution leaves it to Congress to set the number of justices. Under the Judiciary Act of 1789 Congress originally fixed the number of justices at six (one chief justice and five associate justices). Since 1789 Congress has varied the size of the Court from six to seven, nine, ten, and back to nine justices (always including one chief justice). When the cases in volume 305 were decided the Court comprised the following eight members (Justice Cardozo had died in July 1938 and had not yet been replaced): Notable Cases in 305 U.S. Kellogg Company v. National Biscuit Company In Kellogg Company v. National Biscuit Company, 305 U.S. 111 (1938), the Supreme Court ruled that the Kellogg Company was not violating any trademark or unfair competition laws when it manufactured its own Shredded Wheat breakfast cereal, which had originally been invented by the National Biscuit Company (later called Nabisco). Kellogg's version of the product was of an essentially identical shape, and was also marketed as "Shredded Wheat"; but Nabisco's patents had expired, and its trademark application for the term "Shredded Wheat" had been turned down as a descriptive, non-trademarkable term. The Court therefore "forcefully applied the principle that once a patent has expired, its benefits are to be freely enjoyed by the public." Kellogg has been called possibly "the Supreme Court's most versatile and influential trademark decision." It had a direct impact on the structure of the Lanham Act and is a "routine starting point for analysis in trademark opinions in lower courts." Missouri ex rel. Gaines v. Canada, Registrar of the University of Missouri In Missouri ex rel. Gaines v. Canada, Registrar of the University of Missouri, 305 U.S. 337 (1938), the Supreme Court held that states that provided a law school to white students had to provide similar in-state education to blacks as well. States could satisfy this requirement by allowing blacks and whites to