N. K. Fairbank Co. v. R. W. Bell Manuf'g Co.
Court of Appeals for the Second Circuit
Appeal from the Circuit Court of the United States for the Northern District of New York. This is an appeal from a final decree of the circuit court of the North era district of New York dismissing' the bill of complaint. The suit was brought by the complainant, an Illinois corporation, against the defendant, a New York corporation, to restrain unfair competi1 ion in business.
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Appeal from the Circuit Court of the United States for the Northern District of New York. This is an appeal from a final decree of the circuit court of the North era district of New York dismissing' the bill of complaint. The suit was brought by the complainant, an Illinois corporation, against the defendant, a New York corporation, to restrain unfair competi1 ion in business. The subject of complaint is the use by defendant in its business of what is alleged to be a fraudulent form of package.
1Opinion of the Court
LACOMBE, Circuit Judge.
As is quite common in cases of this Kind, the questions presented in the record are almost wholly questions of fact. The law governing the subject of unfair competition is abundantly settled by authority. It may be epitomized in the following citations:
In Nail Co. v. Bennett, 48 Fed. 800, it was alleged that defendants nad imitated plaintiff’s method of bronzing horseshoe nails, with the intention of deceiving the public into buying their goods instead of the plaintiff’s. The case coming up on demurrer, Mr. Justice Bradley said:
' “Whether this [the bronzing of the…
2Cases cited3 opinions
- Lawrence Manufacturing Co. v. Tennessee Manufacturing Co.Supreme Court of the United States · 1891
- Coats v. Merrick Thread Co.Supreme Court of the United States · 1893
- Kitchen v. RayburnSupreme Court of the United States · 1874
3Cited by69 opinions
- William R. Warner & Co. v. Eli Lilly & Co.Supreme Court of the United States · 1924
- Stix Products, Inc. v. United Merchants & Manufacturers, Inc.District Court, S.D. New York · 1968
- Cleo Syrup Corporation v. Coca-Cola Co.Court of Appeals for the Eighth Circuit · 1943
- Harold F. Ritchie, Inc. v. Chesebrough-Pond's, Inc.Court of Appeals for the Second Circuit · 1960
- My-T Fine Corporation v. SamuelsCourt of Appeals for the Second Circuit · 1934
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