Rimmeir v. Dickson

(specially concurring).

I concur in the conclusion that the money award to plaintiff should not be sustained upon the record before us, and that the claim for damages be dismissed. In spite of what appear to me to be errors in earlier appearances of this protracted litigation here, I am further of the opinion that the plaintiff in this cause has not been prejudiced and, because of the limited protection accorded descriptive terms under the doctrine of secondary meaning relied on in this cause,1 and the cardinal rule permitting wide discretion in the equitable remedies hereinafter discussed,2…