Bates Mfg. Co. v. Bates Numbering Mach. Co.
U.S. Circuit Court for the District of New Jersey
In Equity. Suit by the Bates Manufacturing Company against the Bates Numbering Machine Company to restrain an alleged unfair competition in trade. On motion for preliminary injunction. Heard on bill, with supporting and opposing affidavits.
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In Equity. Suit by the Bates Manufacturing Company against the Bates Numbering Machine Company to restrain an alleged unfair competition in trade. On motion for preliminary injunction. Heard on bill, with supporting and opposing affidavits. The complainant seeks to enjoin the defendant from the use of its corporate name, “Bales Numbering Machine Company,” and from using the expression “Bates Numbering Machine,” in connection with the sale of automatic hand numbering machines not of the complainant’s make, and from filling orders calling for a “Bates Numbering Machine” with a machine other…
1Opinion of the CourtRedlstab, District Judge
(after stating the facts as above). Without attempting to define what under the adjudicated cases will be *895enjoined as unfair in business competition, some of which will presently be cited, it may be said for present purposes that equity does not concern itself as to what the means, how, or with what intent they are used, if the result is fraud, and, if the public are induced thereby to purchase the goods of one under the belief that they are those of another, such means will be enjoined.
In Ludlow Valve Mfg. Co. v. Pittsburg Mfg. Co. (C. C. A.) 166 Fed. 26-29, it was said:
“No arbitrary rulos…
2Cases cited14 opinions
- Howe Scale Co. v. Wyckoff, Seamans & BenedictSupreme Court of the United States · 1905
- Chas. S. Higgins Co. v. Higgins Soap Co.New York Court of Appeals · 1895
- Dodge Stationery Co. v. DodgeCalifornia Supreme Court · 1904
- Garrett v. T. H. Garrett & Co.Court of Appeals for the Sixth Circuit · 1896
- R. W. Rogers Co. v. Wm. Rogers Manuf'g Co.Court of Appeals for the Second Circuit · 1895
9 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Kellogg Toasted Corn Flake Co. v. Quaker Oats Co.Court of Appeals for the Sixth Circuit · 1916
- Rice & Hutchins, Inc. v. Vera Shoe Co.Court of Appeals for the Second Circuit · 1923
- Morse-Starrett Products Co. v. StecconeDistrict Court, N.D. California · 1949
- Richter v. RichterSupreme Court of Georgia · 1947
- Greyhound Corp. v. GobernaCourt of Appeals for the Fifth Circuit · 1942
9 more not listed; retrieve them via the Exa API.