Triangle Publications, Inc. v. Rohrlich

With admirable candor, the trial judge said, in his opinion, that “plaintiff’s claim to protection” is “the farthest that the courts have been asked to extend the reach” of the Unfair competition trade-name doctrine. Indeed it is. Even in cases where there is potential (not presently existing) competition, the courts today, when they grant relief, do so most cautiously.1 When they do, it is because of actual or probable “confusion of source” which may injure the plaintiff’s reputation, for the “free-ride” theory is today discredited.2 In the instant case, there is not even potential…