B. V. D. Co. v. Kaufmann & Baer Co.
Supreme Court of Pennsylvania
Appeal, No. 159, Oct. T., 1921, by plaintiff, from decree of O. P. Allegheny Co., Jan. T., 1921, No. 12, dismissing bill in equity, on demurrer, in case of B. Y. D. Co. v. Kaufmann & Baer Co. Bill in equity for injunction and accounting. Before Shafer, P. J. The opinion of the Supreme Court states the facts. Bill dismissed. Plaintiff appealed. Error assigned, inter alia, was decree, quoting it.
1Opinion of the Court
Opinion by
Me. Justice Kephart,
Plaintiff filed a bill in the court below to restrain unfair competition in the use of its trade-mark “B. Y. D.” in the sale of underwear. A demurrer to the bill was sustained, hence this appeal.
It is averred that the registered trade-mark, set in letters of wrhite in a field of red, has been used by plaintiff for a long time in connection with the sale of their underwear, and defendant, Avithout authority, is selling and offering for sale goods made by other houses as “B. Y. D.” underwear. A number of specific instances of such sales are given, in each of which…
2Cases cited2 opinions
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- Coca-Cola Co. v. BuschDistrict Court, E.D. Pennsylvania · 1942
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