Marvel Co. v. Pearl
Court of Appeals for the Second Circuit
Appeal from the Circuit Court of the United States for the Southern District of New York. This cause comes here on appeal from a decree of the United States Circuit Court for the Southern District of New York dismissing bill alleging unfair competition in the manufacture and sale by defendant of certain syringes resembling those made by complainant, and in the use by defendant of the name “Whirlspray” to designate its syringes.
1Opinion of the Court
TOWNSEND, Circuit Judge.
In disposing of the questions herein, the differences in form and appearance between complainant’s and defendants’ syringes may be disregarded, and it may be assumed that defendant manufactures a syringe so closely resembling that of complainant that the ordinary purchaser would not distinguish the one from the other. No question of complainant’s right under a patent or of imitation of style of wrapper or of color of box or label is involved herein. The questions presented are as to the extent of the right of one person to appropriate to the exclusion of others the…
2Cases cited1 opinion
- Enterprise Mfg. Co. v. Landers, Frary & ClarkCourt of Appeals for the Second Circuit · 1904
3Cited by29 opinions
- West Point Manufacturing Company v. Detroit Stamping CompanyCourt of Appeals for the Sixth Circuit · 1955
- Kellogg Toasted Corn Flake Co. v. Quaker Oats Co.Court of Appeals for the Sixth Circuit · 1916
- Diamond Match Co. v. Saginaw Match Co.Court of Appeals for the Sixth Circuit · 1906
- Shredded Wheat Co. v. Humphrey Cornell Co.Court of Appeals for the Second Circuit · 1918
- Maytag Co. v. Meadows Mfg. Co.Court of Appeals for the Seventh Circuit · 1929
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