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

Citations

• 279 Pa. 152
• 123 A. 656
• 1924 Pa. LEXIS 690

Syllabus

<p>Equity — Jurisdiction — Unfair competition in trade — Trademarks — Penalties—Acts of June 20, 1901, P. L. 582, and April 24, 1906, P. L. 302 — Accounting—Two innocent parties — Fraud— Injunction — Maxims.</p> <p>1. The penalties prescribed by section 4 of the Act of June 20, 1901, P. L. 582, as amended by the Act of April 24, 1905, P. L. 302, cannot be recovered in a proceeding in equity, but only in a court having jurisdiction of an action for a fine or penalty.</p> <p>2. Where the only proof of unfair competition was in the innocent sale of a few articles manufactured by a third party, an accounting will not be ordered, if the amount of damages sustained is so small as not to warrant the reference to a master to state the account; the maxim de minimis applies.</p> <p>3. An injunction is properly awarded to prevent further sales in unfair competition, even though a defendant was innocent of any wrongful intent in the sales actually proved.</p> <p>4. Innocence of a wrongful intent may be shown for the purpose of preventing a claim for damages, but not to defeat an application for an injunction against future injury to the plaintiff.</p> <p>5. Where one of two innocent parties must suffer loss because of the act of a third, he who clothed the wrongdoer with the power to injure, must himself bear the loss.</p>