Akron-Overland Tire Co. v. Willys-Overland Co.
Court of Appeals for the Third Circuit
Appeal from the District Court of the United States for the District of Delaware; Hugh M. Morris, Judge. Suit by the Willys-Overland Company against the Akron-Overland Tire Company to restrain the use by defendant of the name “Overland” in the transaction of its business. From a decree granting a preliminary injunction (268 Fed. 151), defendant appeals.
1Opinion of the Court
BUFFINGTON, Circuit Judge.
In this case, the court below, on hearing, being of opinion, as recited in its decree, “that the use of the word ‘Overland’ by the defendant in its name, in the transaction of its business and in the threatened sale of its stock and securities, is calculated to lead the public to believe that the goods, stocks, and securities of the defendant are the goods, stocks, and securities of the complainant, and that thereby the complainant is irreparably injured,” and the complainant having given an adequate indemnity bond, issued a preliminary injunction enjoining the…
2Cited by63 opinions
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- L. E. Waterman Co. v. GordonCourt of Appeals for the Second Circuit · 1934
- Telechron, Inc. v. Telicon Corp.Court of Appeals for the Third Circuit · 1952
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