Underwriters' Laboratories, Inc. v. Smith

This matter was referred to me for assessment of damages. The action seeks (1) an injunction restraining and enjoining defendants from using or affixing or marking upon any device or article the words ‘ ‘ Underwriters ’ Laboratories, Inc. Inspected (or Listed)-,” (2) or using labels similar in appearance -to labels issued by plaintiff for power supply cords without permission of plaintiff, and (3) for compensatory and exemplary damages. The proof shows defendants have counterfeited and used on substandard articles labels similar to those issued by plaintiff. Plaintiff has not been able to…