Bissell Chilled Plow Works v. T. M. Bissell Plow Co.
U.S. Circuit Court for the District of Western Michigan
In Equity. Suit for unfair competition in trade. This is a suit by the Bissell Chilled Plow Works, an Indiana corporation, engaged in the business of selling plows and wood pulp of its own manufacture at South Bend, Ind., against the T. M. Bissell Plow Company, a Michigan corporation, engaged in the business of selling plows of its own manufacture at Eaton Rapids, Mich., and certain officers thereof.
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In Equity. Suit for unfair competition in trade. This is a suit by the Bissell Chilled Plow Works, an Indiana corporation, engaged in the business of selling plows and wood pulp of its own manufacture at South Bend, Ind., against the T. M. Bissell Plow Company, a Michigan corporation, engaged in the business of selling plows of its own manufacture at Eaton Rapids, Mich., and certain officers thereof. The relief sought is an injunction restraining defendants from using the proper name “Bissell” as part of the name of the defendant corporation, or upon the plows sold by it, and a recovery of…
1Opinion of the Court
COCHRAN, District Judge,
after making the foregoing statement, said:
These are the essential facts of this case. Are they such as to entitle complainant to all or either part of the relief sought ?
There can be no doubt but that, when Mr. Bissell severed his connection with complainant, it had the right thereafter to continue to transact its plow business in the name of the Bissell Chilled Plow Works, and to mark its plows as it had been doing, against him as well as everybody else. In the case of William Rogers Mfg. Co. v. Rogers & Spurr Mfg. Co. (C. C.) 11 Fed. 498, Judge Lowell said:
“Both…
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