G. & C. Merriam Co. v. Syndicate Pub. Co.
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. Suit in equity by the G. & C. Merriam Company against the Syndicate Publishing Company. Decree for defendant, and complainant appeals.
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Appeal from the District Court of the United States for the Southern District of New York. Suit in equity by the G. & C. Merriam Company against the Syndicate Publishing Company. Decree for defendant, and complainant appeals. The following is the decree and opinion of Hand, District Judge, in the trial court: [1] The complainant has never succeeded in getting from any court a decree which would forbid the publication of a “genuine” Webster dictionary in the form in which the defendants were selling theirs at the time these suits were started. The defendants had not only conformed in every way…
1Per curiam
Taken as a whole, we fully approve Judge Hand’s opinion and upon it affirm the decree appealed from. In so doing, however, we must not be regarded as assenting to the proposition that the name “Webster’s Dictionary” has a technical or secondary meaning as indicating a publication of the complainant. And, on the other hand, we must not be considered as indicating an opinion that cases cannot be presented showing unfair competition in the sale of-books or as passing upon the relief which may be granted in cases of fraud.
The decree of the District Court is affirmed, with costs.
2Cited by22 opinions
- Stix Products, Inc. v. United Merchants & Manufacturers, Inc.District Court, S.D. New York · 1968
- Dallas County v. Commercial Union Assurance Company, Ltd.Court of Appeals for the Fifth Circuit · 1961
- Zippo Manufacturing Company v. Rogers Imports, Inc.District Court, S.D. New York · 1963
- Saalfield Pub. Co. v. G. & C. Merriam Co.Court of Appeals for the Sixth Circuit · 1917
- Zenith Radio Corp. v. Matsushita Electric Industrial Co.District Court, E.D. Pennsylvania · 1981
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