Legal Opinion

Favorite Mfg. Co. v. Portland Mfg. Co.

Court of Appeals for the Sixth Circuit

Decided November 4, 1913No. 2,354PublishedCited by 1 opinion

Appeal from the District Court of the United States for the Southern Division of the Western District of Michigan; Clarence W. Sessions, Judge. Suit in Equity by the Favorite Manufacturing Company against the Portland Manufacturing Company. Decree for defendant, and complainant appeals.

1Opinion of the Court

DENISON, Circuit Judge.

The Favorite Company, by its bill of complaint, undertook to state a case of unfair competition against the Portland Company, and prayed an injunction accordingly. The District Court sustained the demurrer of the defendant and dismissed the bill. This appeal presents the question whether the allegations of the bill make a case.

From the argument in this court, and from an inspection of the mechanical structures which were filed as exhibits to the bill, it seems that complainant’s grievance, if it had any of the nature of unfair competition, was that defendant had…

2Cases cited2 opinions

  1. Coca Cola Co. v. Gay-Ola Co.Court of Appeals for the Sixth Circuit · 1912
  2. Rushmorh v. Badger Brass Mfg. Co.Court of Appeals for the Second Circuit · 1912

3Cited by1 opinion

  1. National Pub. Co. v. John A. Hertel Co.Court of Appeals for the Seventh Circuit · 1939

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