Lennox Furnace Co. v. Wrot Iron Heater Co.
Supreme Court of Iowa
Appeal from Polh District Court. — C. A. Dudley, Judge. This is an action in equity, to restrain defendant from carrying on unfair trade and from continuing unfair competition, as plaintiff alleges. In the action, an application for a temporary writ of injunction was made, and a hearing had thereon. This appeal is from an order of the district court granting a temporary restraining order. The defendant appeals.
1Opinion of the CourtPreston, J.
1. Trade-marks AND TRADE names : unfair competition : fraudulent duplication of article. Upon the hearing of the application for a temporary writ, witnesses were produced and testimony taken in open court by both sides; and, although the hearing was not on the merits, the record is full The following is a cut of plaintiffs furnace. and complete.
*1334And the following, which plaintiff alleges is, in some particulars, an exact duplicate of its furnace, is a cut of defendant’s furnace.
Type "A” Ideal Wrot Steel Furnaces
A BETTER STEEL FURNACE FOR LESS MONEY
Plaintiff alleged in the petition that it is a…
2Cases cited22 opinions
- Singer Manufacturing Co. v. June Manufacturing Co.Supreme Court of the United States · 1896
- Howe Scale Co. v. Wyckoff, Seamans & BenedictSupreme Court of the United States · 1905
- Goodyear's India Rubber Glove Manufacturing Co. v. Goodyear Rubber Co.Supreme Court of the United States · 1888
- Embree v. Kansas City & Liberty Boulevard Road DistrictSupreme Court of the United States · 1916
- Rathbone, Sard & Co. v. Champion Steed Range Co.Court of Appeals for the Sixth Circuit · 1911
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3Cited by3 opinions
- Johnson Gas Appliance Co. v. Reliable Gas Products Co.Supreme Court of Iowa · 1943
- Piel Manufacturing Company v. George A. Rolfes Co.District Court, S.D. Iowa · 1964
- Saperstein v. GrundDistrict Court, S.D. Iowa · 1949