Legal Opinion

American Chain Co. v. Carr Chain Works, Inc.

New York Supreme Court

Decided September 16, 1931PublishedCited by 12 opinions

1Opinion of the CourtCollins, J.

The plaintiff charges the defendant with unfair competition in the sale of automobile tire chains. The claim is that, for the past three years, the defendant has simulated that color combination employed by the plaintiff for twenty-three years which identifies and distinguishes the chains as those of the plaintiff. By such emulation, the plaintiff says, the defendant is infringing upon, and reaping advantage of, the plaintiff’s good will and investment.

There is little dispute regarding the salient facts. Consequently, the ultimate issue is free from complexity.

Concededly, the color…

2Cases cited26 opinions

  1. Menendez v. HoltSupreme Court of the United States · 1888
  2. Singer Manufacturing Co. v. June Manufacturing Co.Supreme Court of the United States · 1896
  3. Saxlehner v. Eisner & Mendelson Co.Supreme Court of the United States · 1900
  4. William R. Warner & Co. v. Eli Lilly & Co.Supreme Court of the United States · 1924
  5. Florence Mfg. Co. v. J. C. Dowd & Co.Court of Appeals for the Second Circuit · 1910

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3Cited by12 opinions

  1. Zippo Manufacturing Company v. Rogers Imports, Inc.District Court, S.D. New York · 1963
  2. American Safety Table Co. v. SchreiberCourt of Appeals for the Second Circuit · 1959
  3. American Safety Table Company, Inc., Plaintiff-Appellant-Appellee v. Joseph Schreiber and David Goldberg, Individually and as Partners Trading as Schreiber & Goldberg, Defendants-Appellees-Appellants. American Safety Table Company, Inc. v. Joseph Schreiber and David Goldberg, Individually and as Partners Trading as Schreiber & GoldbergCourt of Appeals for the Second Circuit · 1959
  4. Shrout v. TinesMissouri Court of Appeals · 1953
  5. Bard-Parker Co. v. Crescent Manufacturing Co.New York Supreme Court · 1940

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