Chickering v. Chickering & Sons

Citations

• 120 F. 69
• 56 C.C.A. 475
• 1903 U.S. App. LEXIS 4461

Syllabus

<p>C UnFAIH COMPETITION — IDENTITY OF NAMES.</p> <p>While every man has the right to use his own name honestly and fairly in his own business, and, so using it, is not responsible for resulting confusion with the goods of another of the same name, on the other hand he must so use his name as not to unnecessarily injure another, nor produce greater confusion than would naturally result from the mere similarity or identity of name. He may not dress his goods in a manner calculated to enable them to be palmed off on purchasers as those of another.</p> <p>2. Pbeliminaby Injunction — Review on Appeal.</p> <p>Where the ex parte proofs produced by the parties on the hearing of a motion for a preliminary injunction are conflicting, the case will not be reviewed on the merits on an appeal from the order entered, but such order will be affirmed unless It clearly appears that the court below improperly exercised its discretion.</p> <p>¶1. Unfair competition, see notes to Seheuer v. Muller, 20 C. C. A. 165; Lare v. Harper & Bros., 30 C. C. A. 376.</p> <p>3. Unfair Competition — Preliminary Injunction — Grounds.</p> <p>Complainant and its predecessors in interest since 1823 have manufactured pianos at Boston, Mass., which, since 1840, have been marked “Chickering,” and have become widely known by that name, and as the product of such makers. For 50 years such pianos have been made by a firm and succeeding corporations under the name of “Chickering & Sons.” Defendants, whose name was Chickering, in 1898 organized a corporation under the name of “Chickering Bros.,” and engaged in the manufacture of pianos in Chicago, which were marked on the fall board with the name “Chickering Bros.” in letters similar to those used on complainant’s instruments. They also issued advertising matter, which, while containing no untruthful statement, dwelt upon the fact that they were the sole living male representatives of the family which originated the Chickering pianos, and which tended to convey