Stroehmann Bros. Co. v. Manbeck B. Co.

Opinion by

Mr. Justice Drew,

This suit in equity was brought to restrain defendant from alleged trade-mark infringement and unfair competition, and to compel an accounting of profits allegedly gained thereby. Upon finding that neither infringement nor unfair competition existed, the court below dismissed the bill. This appeal followed.

We agree that plaintiff has shown nothing to justify the interference of equity. To make a case of unfair competition it must be shown by the person complaining that another by simulation of labels (Klepser v. Furry, 289 Pa. 152; Juan F. Portuondo Cigar Mfg. Co.…