Champion Spark Plug Co. v. A. R. Mosler & Co.
District Court, S.D. New York
In Eguity. Bill by the Champion Spark Plug Company against A. R. Mosler & Co. Decree for complainant. Rehearing in the above case, together with the rehearing in the suit by the same complainant against the Benford Manufacturing Company. This is a bill in equity, dependent on diverse citizenship, to procure an injunction against the defendant for unfair competition in the sale of spark plugs to be used in the Ford motor car.
Read the full summary
In Eguity. Bill by the Champion Spark Plug Company against A. R. Mosler & Co. Decree for complainant. Rehearing in the above case, together with the rehearing in the suit by the same complainant against the Benford Manufacturing Company. This is a bill in equity, dependent on diverse citizenship, to procure an injunction against the defendant for unfair competition in the sale of spark plugs to be used in the Ford motor car. The plaintiff is a Massachusetts corporation, and the defendant a New York corporation, each concerned in the manufacture of spark plugs for motors. On the 22d of…
1Opinion of the CourtLearned Hand, District Judge
(after stating the facts as above). [1,2] In cases of this character the question is always in the nature of a compromise between the plaintiff’s security in his trade and the annoyance and expense imposed upon the defendant by im*115posing conditions upon him. Where it is equally easy for the defendant to adopt a new make-up, and the plaintiff is in real danger of losing future customers, courts do not hesitate; even when the change is somewhat burdensome to the defendant, they will at times intervene. That the plaintiff’s trade in replacement plugs is imperiled by the “Mosler Superior” seems to…
2Cases cited11 opinions
- Coca Cola Co. v. Gay-Ola Co.Court of Appeals for the Sixth Circuit · 1912
- Yale & Towne Mfg. Co. v. AlderCourt of Appeals for the Second Circuit · 1907
- Enterprise Mfg. Co. v. Landers, Frary & ClarkCourt of Appeals for the Second Circuit · 1904
- Rushmore v. Manhattan Screw & Stamping WorksCourt of Appeals for the Second Circuit · 1908
- Rushmorh v. Badger Brass Mfg. Co.Court of Appeals for the Second Circuit · 1912
6 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Zippo Manufacturing Company v. Rogers Imports, Inc.District Court, S.D. New York · 1963
- Barton v. Rex-Oil Co.Court of Appeals for the Third Circuit · 1924
- Johnson Gas Appliance Co. v. Reliable Gas Products Co.Supreme Court of Iowa · 1943
- Mastercrafters Clock & Radio Co. v. Vacheron & Constantin-Le Coultre Watches, Inc.District Court, S.D. New York · 1954
- Lever Bros. v. J. Eavenson & Sons, Inc.New York Supreme Court · 1935
4 more not listed; retrieve them via the Exa API.