Enterprise Mfg. Co. v. Landers, Frary & Clark
Court of Appeals for the Second Circuit
Appeal from the Circuit Court of the United States for the District of Connecticut. This cause comes here upon appeal from a decree, of the Circuit Court, District of Connecticut, restraining defendants from unfair competition in trade, and for an accounting.
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Appeal from the Circuit Court of the United States for the District of Connecticut. This cause comes here upon appeal from a decree, of the Circuit Court, District of Connecticut, restraining defendants from unfair competition in trade, and for an accounting. Complainant and its predecessors have for 30 years been engaged in the manufacture and sale of a line of mills for grinding coffee, drugs, etc., of varying sizes; adopting therefor a certain characteristic shape, design, color, and ornamentation, which have become well known to purchasers, and associated in their minds with the goods of…
1Opinion of the Court
LACOMBE, Circuit Judge.
This is a most aggravated case of unfair trading. Usually in these cases the defendants so dress their goods as to present a number of points of difference, on which they rely when charged with intent to deceive; insisting that, although there may be resemblances, the differences are so great as to preclude any idea that they had sought to produce confusion. Here, on the contrary, they have not only conformed their goods to complainant’s in size and general shape, which was to be expected, but also in all minor details of structure — every line and curve being…
2Cited by39 opinions
- Crescent Tool Co. v. Kilborn & Bishop Co.Court of Appeals for the Second Circuit · 1917
- Zippo Manufacturing Company v. Rogers Imports, Inc.District Court, S.D. New York · 1963
- Audio Fidelity, Inc., a Corporation v. High Fidelity Recordings, Inc., a CorporationCourt of Appeals for the Ninth Circuit · 1960
- Cheney Bros. v. Doris Silk CorporationCourt of Appeals for the Second Circuit · 1929
- West Point Manufacturing Company v. Detroit Stamping CompanyCourt of Appeals for the Sixth Circuit · 1955
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