Legal Opinion · Dissent

Caigan v. Plibrico Jointless Firebrick Co.

Court of Appeals for the First Circuit

Decided December 19, 1934No. Nos. 2936, 2963Published

1DissentAnderson, Circuit Judge

The action of plaintiff in causing all telephone calls to the Plibrico Company not to be transferred to Caigan’s new telephone in the Beach Exchange seems to me plainly unfair competition. This act must be construed in the light of the fact that plaintiff had hired Caigan’s old office and got his old telephone number.

At this time, Caigan and the Plibrico Company were in sharp competition in the business of furnishing this common material. There is no evidence of any superiority in plaintiff’s output. The plaintiff’s rights were limited to its trade-mark; but “there is no such thing as…

2Cases cited2 opinions

  1. United Drug Co. v. Theodore Rectanus Co.Supreme Court of the United States · 1918
  2. Caigan v. Plibrico Jointless Firebrick Co.Court of Appeals for the First Circuit · 1933

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