Photoplay Pub. Co. v. La Verne Pub. Co.
Court of Appeals for the Third Circuit
Appeal from the District Court of the United States for the Eastern District of Pennsylvania; Oliver B. Dickinson, Judge. Separate suits by the Photoplay Publishing Company against the Ea Verne Publishing Company, Incorporated, and others, and against Frank T. Eastlack and another, to restrain infringement of a trademark and unfair competition. Decree for defendants in each case (261 Fed. 428), and complainant appeals. Reversed, with directions.
1Opinion of the Court
DAVIS, Circuit Judge.
The complainant, a Delaware corporation, having its principal office in Chicago, publishes a monthly periodical called “Photoplay Magazine.” The defendants publish a periodical called the “Photo-Play Journal.” Both periodicals are devoted to moving pictures and matters connected therewith, and cover practically the same subject. The complainant filed bills against the defendants, charging them with infringing its registered trade-mark, “Photoplay,” and with unfair competition, and prayed that they be restrained from using the word “Photoplay” as the title, or part of the…
2Cases cited6 opinions
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- Canal Co. v. ClarkSupreme Court of the United States · 1872
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- Columbia Mill Co. v. AlcornSupreme Court of the United States · 1893
- Goodyear's India Rubber Glove Manufacturing Co. v. Goodyear Rubber Co.Supreme Court of the United States · 1888
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- McGraw-Hill Pub. Co. v. American Aviation Associates, Inc.Court of Appeals for the D.C. Circuit · 1940
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