B. V. D. Co. v. Kaufmann & Baer Co.

Citations

• 272 Pa. 240
• 116 A. 508
• 1922 Pa. LEXIS 810

Syllabus

<p>Trade-mark — Unfair competition — (Equity—Injunction—Pleading — Demurrer.</p> <p>1. Anything done by a rival in the same business, by imitation or otherwise, designed or calculated to mislead the public in the belief that, in buying the product offered by him for sale, they were buying the product of another manufacturer, is unfair competition and in fraud of such other’s rights, and will afford just ground for equitable interference. g-vewu</p> <p>2. A demurrer to a bill in equity should be -sustained, where the bill avers that plaintiff was the owner of a trade-mark on underwear, that defendant in numerous instances when asked by customers for plaintiff’s brand of underwear, had passed off other makes, and that these acts were for the sole and deliberate purpose to deceive and defraud the public as well as to cheat the complainant.</p>