Legal Opinion · Dissent

General Industries Co. v. 20 Wacker Drive Bldg. Corp.

Court of Appeals for the Seventh Circuit

Decided July 16, 1946No. 8777Published

1DissentLindley, District Judge

I think that upon the second question, namely, whether in order to sustain a suit for injunction against the use of a similar corporate name, plaintiff must show in addition to probable confusion in the minds of people, fraud, “palming off” or other intentional acts of unfair competition, the present day rule is more liberal than that announced by my brethren.

In Investors Syndicate of America, Inc., et al. v. Hughes; 378 Ill. 413, 38 N.E.2d 754, 758, in interpreting a statute forbidding the Secretary of State to issue a certificate of authority to a foreign corporation which has a name…

2Cases cited27 opinions

  1. Pennsylvania v. West VirginiaSupreme Court of the United States · 1923
  2. Aunt Jemima Mills Co. v. Rigney & Co.Court of Appeals for the Second Circuit · 1917
  3. Vogue Co. v. Thompson-Hudson Co.Court of Appeals for the Sixth Circuit · 1924
  4. Standard Oil Co. of New Mexico, Inc. v. Standard Oil Co. of CaliforniaCourt of Appeals for the Tenth Circuit · 1932
  5. United States Ozone Co. v. United States Ozone Co. of AmericaCourt of Appeals for the Seventh Circuit · 1932

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