Legal Opinion

Allegretti Chocolate Cream Co. v. Keller

U.S. Circuit Court for the District of Southern New York

Decided February 12, 1898PublishedCited by 8 opinions

This was a bill in equity by the Allegretti Chocolate Cream Company against Louis J. Keller to restrain an alleged unfair competition in business. '

1Opinion of the Court

LAOOMBE, Circuit Judge.

In causes of this character it is the consuming purchaser who is most likely to be misled; the large dealer is usually sufficiently well informed to protect himself. The affidavits, therefore, of the other candy dealers, submitted by defendant, are not persuasive. This court is satisfied that before the defendant’s advent in this city the chocolate creams made by complainant and its predecessor in Chicago were known to and sought after by persons here, sufficiently, as the papers show, to induce them to go to the trouble of individually importing them. As this demand…

2Cases cited1 opinion

  1. Walter Baker & Co. v. SandersCourt of Appeals for the Second Circuit · 1897

3Cited by8 opinions

  1. Mushroom Makers, Inc. v. R. G. Barry Corp.District Court, S.D. New York · 1977
  2. Kellogg Toasted Corn Flake Co. v. Quaker Oats Co.Court of Appeals for the Sixth Circuit · 1916
  3. Coty, Inc. v. Parfums De Grande Luxe, Inc.Court of Appeals for the Second Circuit · 1924
  4. Trappey v. McIlhenny Co.Court of Appeals for the Fifth Circuit · 1922
  5. Dyment v. LewisSupreme Court of Iowa · 1909

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