Legal Opinion

Heide v. Wallace & Co.

Court of Appeals for the Third Circuit

Decided March 8, 1905No. 33PublishedCited by 10 opinions

Appeal from the Circuit Court of the United States for the District of New Jersey.

1Opinion of the Court

DALLAS, Circuit Judge.

The assignment of errors in this case comprises nine specifications, but, as is said in the appellant’s brief, “they, however, may all be condensed into the statement that the court erred in not holding that a case of unfair competition had been made out.”

In Bickmore Gall Cure Co. v. Karns (decided at this term) 134 Fed. 833, we said:

“Undoubtedly, where two persons are engaged in selling like goods, neither of them has, or can acquire, the exclusive privilege to aptly designate and describe them, or to attractively present them for sale, with appropriate directions for…

2Cases cited2 opinions

  1. Bickmore Gall Cure Co. v. KarnsCourt of Appeals for the Third Circuit · 1905
  2. Van Camp Packing Co. v. Cruikshanks Bros.Court of Appeals for the Third Circuit · 1898

3Cited by10 opinions

  1. Cheney Bros. v. Doris Silk CorporationCourt of Appeals for the Second Circuit · 1929
  2. Rathbone, Sard & Co. v. Champion Steed Range Co.Court of Appeals for the Sixth Circuit · 1911
  3. Diamond Match Co. v. Saginaw Match Co.Court of Appeals for the Sixth Circuit · 1906
  4. Shredded Wheat Co. v. Humphrey Cornell Co.Court of Appeals for the Second Circuit · 1918
  5. Benj. T. Crump Co. v. J. L. Lindsay, Inc.Supreme Court of Virginia · 1921

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