Enterprise Mfg. Co. v. Landers, Frary & Clark

Citations

• 131 F. 240
• 65 C.C.A. 587
• 1904 U.S. App. LEXIS 4288

Syllabus

<p>1. Unlawful Competition — Injunction.</p> <p>Where defendants admitted that they were manufacturing and selling mills in competition with complainant’s mills, and had used parts of complainant’s mills as patterns wherever it was convenient or profitable to do so, and that they were now making and selling mills which in effectiveness and attractiveness were the same goods as those sold by complainant, such competition was unlawful, entitling complainant to an injunction.</p> <p>2 Same — Decbee.</p> <p>Where in a suit to restrain defendants from selling certain grinding mills, on the ground of unlawful competition, the answer averred that, in addition to the manufacture and sale of similar mills by defendants, defendants also intended to make other mills which will be substantially the same goods as other classes of mills made and' sold by complainant, a decree enjoining defendants from selling “any grinding mills having thq characteristic shape, design, color, and ornamentation of the grinding mills sold by complainant, and referred to by the numbers 0, 1, 2,” etc. (giving .15 numbers), was justified, though there was no proof of any sale of mills corresponding in size to such numbers.</p> <p>¶ 1. Unfair competition, see notes to Scheuer v. Muller, 20 C. C. A. 165; Lare v. Harper & Bros., 30 C. C. A. 376.</p> <p>See Trade-Marks and Trade-Names, vol. 46, Cent. Dig. § 79.</p>