Buffalo Specialty Co. v. Van Cleef
Court of Appeals for the Seventh Circuit
Appeal from the District Court of the United States for the Eastern Division of the Northern District of Illinois; Arthur L. Sanborn, Judge. Suit by the Buffalo Specialty Company against Noah Van Cleef and others, a copartnership doing business as Van Cleef Bros. From a decree dismissing the bill, complainant appeals.
1Opinion of the Court
BAKER, Circuit Judge.
Appellant’s bill counted on three wrongs: Appellees’ use of appellant’s trade-name, “Neverleak,” in connection with the manufacture and sale of “tire fluids”; simulation of dress, whereby an intending purchaser would likely be misled; and the actual palming-oil of the imitation by false representations and by inducing dealers to effect substitutions.
In each of these respects the bill stated a good cause of action.
Through appellant’s answers to interrogatories propounded by appellees certain defensive facts were brought into the record. These, however, pertained only to…
2Cases cited10 opinions
- Singer Manufacturing Co. v. June Manufacturing Co.Supreme Court of the United States · 1896
- Searchlight Gas Co. v. Prest-O-Lite Co.Court of Appeals for the Seventh Circuit · 1914
- Bronk v. Charles H. Scott Co.Court of Appeals for the Seventh Circuit · 1914
- Prest-O-Lite Co. v. DavisCourt of Appeals for the Sixth Circuit · 1914
- Centaur Co. v. HeinsfurterCourt of Appeals for the Eighth Circuit · 1898
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3Cited by4 opinions
- Coca-Cola Co. v. Old Dominion Beverage Corp.Court of Appeals for the Fourth Circuit · 1921
- Le Sueur v. Manufacturers' Finance Co.Court of Appeals for the Sixth Circuit · 1922
- Du Pont Cellophane Co. v. Waxed Products Co.District Court, E.D. New York · 1934
- American Specialty Co. v. Collis Co.District Court, S.D. Iowa · 1916