Chas. H. Elliott Co. v. Skillkrafters, Inc.

Citations

• 271 Pa. 185
• 114 A. 488
• 1921 Pa. LEXIS 478

Syllabus

<p>Trade-marks — Unfair competition — Deceptive imitation of articles — Fraud—Presumption—Advertisement—Equity—Decree.</p> <p>1. The mere copying of an unpatented article of trade, is a permissible act, in the absence of any representation that the product offered was that of another, unless there is a breach of trust or contract.</p> <p>2. But where |ueh goods are cast into a distinctive form, unnecessary and deceptive imitation of size, shape and structure of the article itself, will be enjoined as unfair competition.</p> <p>3. The goodwill of a manufacturer is not to be destroyed through needless simulation by others, if the exercise of a reasonable precaution to protect it will impose no substantial restriction on the right of another to make and sell.</p> <p>4. If the effect of copying or imitating the size, shape and structure of an article, is to mislead, a fraudulent intent is inferred, and proof of actual deception is not necessary to the granting of relief.</p> <p>5. A demand for goods created by advertising belongs to the advertiser.</p> <p>6. A decree restraining the sale of articles imitating the product of the plaintiff and directing an accounting of profits, should be limited to plaintiff’s designs and the profits derived therefrom.</p> <p>1. A decree permanently enjoining the sale of such articles and requiring delivery of impressions or reproductions of them and the delivery of lists of names and addresses of plaintiffs customers, and others to whom catalogues were sent, should be limited to imitations and reproductions of plaintiffs’ designs only, and to the names and addresses of which a record was kept or which could be recalled.</p>