Legal Opinion
N. K. Fairbank Co. v. Windsor
U.S. Circuit Court for the District of Western New York
Decided September 10, 1902No. 95PublishedCited by 6 opinions
In Equity. On exceptions to master’s report.
1Opinion of the Court
HAZEL, District Judge.
This is a hearing upon exceptions filed to report of a master appointed by a decree of court to take and state an account of profits diverted from the complainant through wrongful use by defendants of a certain package in imitation of complainant’s. The decree declares that the packages of defendants containing soap powder simulated those of complainant, and that the sale thereof constituted an unlawful and inequitable competition in- business. The established fraud, therefore, was such as deceived the public and wronged the complainant. The acts of defendants come…
2Cases cited5 opinions
- Lawrence Manufacturing Co. v. Tennessee Manufacturing Co.Supreme Court of the United States · 1891
- Graham v. PlateCalifornia Supreme Court · 1871
- Untermeyer v. FreundU.S. Circuit Court for the District of Southern New York · 1892
- Atlantic Milling Co. v. RowlandU.S. Circuit Court for the District of Southern New York · 1886
- Strobridge v. L. H. Smith Wooden-Ware Co.U.S. Circuit Court for the District of Pennsylvania · 1891
3Cited by6 opinions
- G. & C. Merriam Co. v. SaalfieldCourt of Appeals for the Sixth Circuit · 1912
- Coca-Cola Co. v. Dixi-Cola Laboratories, Inc.Court of Appeals for the Fourth Circuit · 1946
- Walter Baker & Co. v. SlackCourt of Appeals for the Seventh Circuit · 1904
- Wolf Bros. & Co. v. Hamilton-Brown Shoe Co.Court of Appeals for the Eighth Circuit · 1913
- Coca-Cola Co. v. Dixi-Cola Laboratories, Inc.Court of Appeals for the Fourth Circuit · 1946
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