National Pub. Co. v. John A. Hertel Co.

TREANOR, Circuit Judge.

This is an appeal from a judgment against plaintiff entered in a suit brought by plaintiff to restrain the defendant upon the theory that defendant was misappropriating plaintiff’s property rights and also engaging in unfair competition with the plaintiff. The District Court sustained the defendant’s motion to dismiss plaintiff’s complaint, as amended, and dismissed the suit for want of equity.

The following facts, in addition to others which will appear in the course of our discussion, are relied upon by plaintiff. Since 1905 the plaintiff and its predecessor have been…