Legal Opinion

Neuhoff, Inc. v. Neuhoff Packing Co.

Court of Appeals for the Sixth Circuit

Decided April 12, 1948No. 10545PublishedCited by 3 opinions

1Opinion of the Court

MARTIN, Circuit Judge.

Neuhoff, Incorporated, a Virginia corporation, has appealed from a decree of the United States District Court for Middle Tennessee which enjoined it from engaging in specified acts of unfair competition with Neuhoff Packing Company, a Tennessee corporation. The use of its corporate name by appellant and its use of the trade names “Neuhoff” and “Neuhoff’s” in proscribed territory was found, in the circumstances ■of the case, to constitute “constructive fraud.”

As is generally true in litigation pertaining to unfair competition, the facts must be set forth somewhat in…

2Cases cited17 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. Menendez v. HoltSupreme Court of the United States · 1888
  3. Howe Scale Co. v. Wyckoff, Seamans & BenedictSupreme Court of the United States · 1905
  4. Brown Chemical Co. v. MeyerSupreme Court of the United States · 1891
  5. Chas. S. Higgins Co. v. Higgins Soap Co.New York Court of Appeals · 1895

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3Cited by3 opinions

  1. Cook Chemical Co. v. Cook Paint & Varnish Co.Court of Appeals for the Eighth Circuit · 1950
  2. John P. Dant Distillery Co. v. Schenley Distillers, Inc.District Court, W.D. Kentucky · 1960
  3. Hollister, Inc. v. Tran-Sel, Inc.District Court, E.D. Tennessee · 1963

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