Cheney Bros. v. Cimbel Bros.
District Court, S.D. New York
In Equity. Suit by Cheney Bros, against Gimbel Bros., New York. On motion for injunction pendente lite to restrain alleged unfair competition.
1Opinion of the Court
AUGUSTUS N. HAND, District Judge.
This is a motion for an injunction pendente lite to restrain alleged, unfair competition. The defendant purchased a large amount of foulard silks of complainant’s manufacture, and was selling them at $1.59 per yard. These foulards were manufactured by complainant for the season of 1921, and were not sold by them to the defendant, but purchased by the latter on April 18, 1922, from jobbers who had acquired them in the market at a low price.
Complainant had not sold them during the present season, and is accustomed to close out a season’s goods before putting new…
2Cases cited1 opinion
- Eli Lilly & Co. v. Wm. R. Warner & Co.Court of Appeals for the Third Circuit · 1921
3Cited by11 opinions
- Baltimore Bedding Corp. v. MosesCourt of Appeals of Maryland · 1943
- Burlington Mills Corporation v. Roy FabricsDistrict Court, S.D. New York · 1950
- General Electric Co. v. Gem Vacuum StoresNew Jersey Superior Court Appellate Division · 1955
- Revlon, Inc. v. Regal Pharmacy, Inc.District Court, E.D. Michigan · 1961
- B. B. & R. Knight, Inc. v. W. L. Milner & Co.District Court, N.D. Ohio · 1922
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