Ben Levy Co. v. Tetlow
District Court, E.D. Pennsylvania
In Equity. Suit by the Ben Bevy Company against Clara Tetlow, trading under the name of the Tetlow Manufacturing Company. On motion for preliminary injunction.
1Opinion of the Court
THOMPSON, District Judge.
In the state of uncertainty disclosed by the record upon the present motion, a preliminary injunction must be denied. The similarity in size- and shape of the boxes used by the defendant in packing her powder to those of the plaintiff cannot be-doubted, but without more that would not entitle the plaintiff to the relief asked for. The plaintiff relies, in connection with the similarity in the boxes, upon the similarity in design, ornamentation, and manner of labeling and lettering the boxes. There is a similarity in the general appearance of the packages of the…
2Cases cited3 opinions
- N. K. Fairbank Co. v. R. W. Bell Manuf'g Co.Court of Appeals for the Second Circuit · 1896
- Van Camp Packing Co. v. Cruikshanks Bros.Court of Appeals for the Third Circuit · 1898
- Pfeiffer v. WildeU.S. Circuit Court for the District of Eastern Pennsylvania · 1900