Yale & Towne Mfg. Co. v. Alder
Court of Appeals for the Second Circuit
Appeal from the Circuit Court of the United States for the Eastern District of New York. Appeal from decree (C. C.) 149 Eed. 783, dismissing complaint in suit for unfair competition, consisting of the imitation of a padlock manufactured by complainant and of its catalogue number.
1Opinion of the CourtWallace, Circuit Judge
(orally). We are prepared to dispose of this appeal now. In cases like this, where unfair competition in trade is charged, based upon the manufacture and sale by the defendant of an article in simulation of one previously put upon the market by the plaintiff, when specimens of the articles are before the court and there is no *38quéstion of their authenticity, the court can judge of the resemblance between them, and whether purchasers are likely to be deceived by the resemblance, and the testimony of experts or of dealers is of little assistance. A comparison of the exhibits satisfies us beyond…
2Cited by42 opinions
- Zippo Manufacturing Company v. Rogers Imports, Inc.District Court, S.D. New York · 1963
- Cheney Bros. v. Doris Silk CorporationCourt of Appeals for the Second Circuit · 1929
- West Point Manufacturing Company v. Detroit Stamping CompanyCourt of Appeals for the Sixth Circuit · 1955
- Mortellito v. Nina of California, Inc.District Court, S.D. New York · 1972
- Rathbone, Sard & Co. v. Champion Steed Range Co.Court of Appeals for the Sixth Circuit · 1911
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