Crescent Tool Co. v. Kilborn & Bishop Co.
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the District of Connecticut. Suit in ecpiity by the Crescent Tool Company against the Kilborn & Bishop Company. From an order granting a preliminary injunction, defendant appeals. This is an appeal from a temporary injunction granted by the District Court for Connecticut on the 25th day of January, 1917, restraining the defendant pendente lite from manufacturing and selling its adjustable wrenches.
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Appeal from the District Court of the United States for the District of Connecticut. Suit in ecpiity by the Crescent Tool Company against the Kilborn & Bishop Company. From an order granting a preliminary injunction, defendant appeals. This is an appeal from a temporary injunction granted by the District Court for Connecticut on the 25th day of January, 1917, restraining the defendant pendente lite from manufacturing and selling its adjustable wrenches. The facts as set forth in the affidavits are substantially as follows: The plaintiff is a New York corporation, organized in 1907 for the…
1Opinion of the Court
LEARNED HAND, District Judge.
[1] The cases of so-called “nonfunctional” unfair competition, starting with the “coffee mill case,” Enterprise Mfg. Co. v. Landers, Frary & Clark, 131 Fed. 240, 65 C. C. A. 587, are only instances of the doctrine of “secondary” meaning. All of them presuppose that the appearance, of the article, like its descriptive title in true cases of “secondary” meaning, has become associated in the public mind with the first comer as manufacturer or source, and, if a second comer imitates the article exactly, that the public will believe his goods have come from the first,…
2Cases cited1 opinion
- Enterprise Mfg. Co. v. Landers, Frary & ClarkCourt of Appeals for the Second Circuit · 1904
3Cited by123 opinions
- Bonito Boats, Inc. v. Thunder Craft Boats, Inc.Supreme Court of the United States · 1989
- L.A. Gear, Inc., Plaintiff/cross-Appellant v. Thom McAn Shoe Company and Melville Corporation and Pagoda Trading Company, Inc.Court of Appeals for the Federal Circuit · 1993
- Duraco Products, Inc. v. Joy Plastic Enterprises, Ltd., D/B/A Backyard Products Travis Products, IncCourt of Appeals for the Third Circuit · 1994
- Ciba-Geigy Corporation v. Bolar Pharmaceutical Co., Inc.Court of Appeals for the Third Circuit · 1985
- Pagliero v. Wallace China Co., LimitedCourt of Appeals for the Ninth Circuit · 1952
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