Collinsplatt v. Finlayson
U.S. Circuit Court for the District of Southern New York
This was a suit in equity by Hawtry Oollinsplatt and others against Alexander M. Finlayson and another to enjoin unfair competition in trade. The cause was heard on motion for a preliminary injunction.
1Opinion of the Court
LACOMEE, Circuit Judge.
Whatever may be the decisions in the state courts, it is abundantly settled by authority in the federal courts that they will not tolerate a false use of a geographical name, when it is so used to promote unfair competition and to induce the sale of spurious goods, if or do these courts require specific proof of purchases by individuals actually deceived, when the labels themselves show an attempt at deception which appears to be well-calculated to deceive. In the case at bar it is conceded that the gin made and sold by defendants is not made at Plymouth, but is…
2Cited by15 opinions
- O. & W. Thum Co. v. DickinsonCourt of Appeals for the Sixth Circuit · 1917
- Scandinavia Belting Co. v. Asbestos & Rubber Works of America, Inc.Court of Appeals for the Second Circuit · 1919
- R. H. MacY & Co. v. Colorado Clothing Mfg. Co.Court of Appeals for the Tenth Circuit · 1934
- Helmet Co. v. Wm. Wrigley, Jr., Co.Court of Appeals for the Sixth Circuit · 1917
- Champion Spark Plug Co. v. A. R. Mosler & Co.District Court, S.D. New York · 1916
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