Legal Opinion
Pecheur Lozenge Co. v. National Candy Co.
Court of Appeals for the Third Circuit
Decided June 30, 1941No. 7679PublishedCited by 4 opinions
1Opinion of the Court
CLARK, Circuit Judge.
The action below is one for trade-mark infringement or more accurately and in the descriptive phrase of the English judges “passing off”. The parties are candy manufacturers. Both of them make cheap sugar lozenges of the size and appearance of a one cent piece. Defendant was the first (1908) to adopt this form of lozenge but until 1936 sold them in bulk, so many for a penny. The plaintiff, on the other hand, from the commencement of its business in 1916 has continuously sold its lozenges packed in cylindrical rolls of fifteen candies to a roll. The wrapper (transparent…
2Cases cited3 opinions
- N. K. Fairbank Co. v. R. W. Bell Manuf'g Co.Court of Appeals for the Second Circuit · 1896
- Lambert Pharmacal Co. v. Bolton Chemical Corp.District Court, S.D. New York · 1915
- Rubyette Co. v. Vineland Products Co.District Court, D. New Jersey · 1931
3Cited by4 opinions
- Pecheur Lozenge Co. v. National Candy Co.Supreme Court of the United States · 1942
- Philco Corporation v. Phillips Mfg. Co.Court of Appeals for the Seventh Circuit · 1943
- Eastern Columbia, Inc. v. WaldmanCalifornia Supreme Court · 1947
- Time v. Viobin CorporationCourt of Appeals for the Seventh Circuit · 1942