Pope Automatic Merchandising Co. v. McCrum-Howell Co.
Court of Appeals for the Seventh Circuit
Appeal from the Circuit Court of the United States for the Eastern Division of the Northern District of Illinois. Suit in equity by the McCrum-Howell Company against the Pope Automatic Merchandising Company and Clarence R. Pope. Defendants appeal from an order granting a preliminary injunction.
1Opinion of the Court
BAKER, Circuit Judge.
By a preliminary injunctional order appellants are restrained from making and selling suction cleaners of a certain type. No patent for mechanism or process or product or design is involved. Nor is infringement of trade-marks or trade-names alleged. Unfair competition in trade is the sole basis of the case.
Appellee, prior to the bringing of this suit, was marketing a suction cleaner that bore a plate carrying the trade-name “Richmond” and the name and address of appellee as maker. At the same time appellants were putting out a 'cleaner of identical mechanical principles…
2Cases cited1 opinion
- Singer Manufacturing Co. v. June Manufacturing Co.Supreme Court of the United States · 1896
3Cited by24 opinions
- In re Morton-Norwich Products, Inc.Court of Customs and Patent Appeals · 1982
- Warner Bros. Inc. v. Gay Toys, Inc.Court of Appeals for the Second Circuit · 1983
- W.T. Rogers Company, Inc. v. Wendell R. Keene and Keene Manufacturing, Inc.Court of Appeals for the Seventh Circuit · 1985
- Zippo Manufacturing Company v. Rogers Imports, Inc.District Court, S.D. New York · 1963
- Maytag Co. v. Meadows Mfg. Co.Court of Appeals for the Seventh Circuit · 1929
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