B. V. D. Co. v. Kaufmann & Baer Co.
Supreme Court of Pennsylvania
Appeals, Nos. 169 and 176, Oct. T., 1923, by defendant and plaintiff, from decree of C. P. Allegheny Co., Jan. T., 1921, No. 12, on bill in equity, in case of the B. V. D. Company v. Kaufmann & Baer Co. Bill for injunction and accounting. Before Stone, J. The opinion of the Supreme Court states the facts. Decree for an injunction, but not for accounting or for penalties under statute, in opinion by Macfarlane and Reid, JJ., to which Stone, J., dissented.
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Appeals, Nos. 169 and 176, Oct. T., 1923, by defendant and plaintiff, from decree of C. P. Allegheny Co., Jan. T., 1921, No. 12, on bill in equity, in case of the B. V. D. Company v. Kaufmann & Baer Co. Bill for injunction and accounting. Before Stone, J. The opinion of the Supreme Court states the facts. Decree for an injunction, but not for accounting or for penalties under statute, in opinion by Macfarlane and Reid, JJ., to which Stone, J., dissented. Both defendant and plaintiff appealed. Error assigned by defendant was decree, granting injunction, quoting record. Error assigned, by…
1Opinion of the Court
Opinion by
Mr. Justice Simpson,
The B. V. D. Company, a manufacturer of high grade athletic underwear, with an enviable reputation for the *155quality and make of its goods, filed a bill in equity against the Kaufmann & Baer Company, one of the large retail department stores in the City of Pittsburgh, alleging unfair competition, and a breach of the Act of June 20, 1901, P. L. 582, as amended by the Act of April 24, 1905, P. L. 302. Defendant demurred, and the court below entered a decree in its favor, but we reversed, holding that, under the broad averments of the bill, “the case is essentially…
2Cases cited10 opinions
- Elgin National Watch Co. v. Illinois Watch Case Co.Supreme Court of the United States · 1901
- G. & C. Merriam Co. v. SaalfieldCourt of Appeals for the Sixth Circuit · 1912
- Pennsylvania Railroad Company's AppealSupreme Court of Pennsylvania · 1878
- Ludington Novelty Co. v. LeonardCourt of Appeals for the Second Circuit · 1903
- Pennsylvania Central Brewing Co. v. Anthracite Beer Co.Supreme Court of Pennsylvania · 1917
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