Hazlett v. Pollack Stogie Co.

Citations

• 195 F. 28
• 39 L.R.A.N.S. 632
• 1912 U.S. App. LEXIS 1334

Syllabus

<p>1. Trade-Masks and Trade-Names (§ 85*)—Infringement—-Right to Relief.</p> <p>If one, having right by succession to use a trade-mark, trade-name, label, or other distinguishing mark in the conduct of his business, deliberately makes such use of it as is intended or calculated to deceive the purchasing public as to the origin, manufacture, or ownership of the goods in connection with which it is used, he is not entitled to relief in equity against persons infringing or wrongfully using such trade-mark, trade-name, label, or other distinguishing mark, to his detriment in connection with the sale of their own goods.</p> <p>[Ed.' Note.—For other cases, see Trade-Marks and Trade-Names, Cent. Dig. § 94 ; Dec. Dig. § 85.*]</p> <p>2. Trade-Marks and Tra'de-Names (§ 85*)—Infringement—Rigiit to Relief.</p> <p>The administrator of Augustus Pollack, originator of “Pollack” stogies, as successor to the business, is not entitled to restrain unfair competition and infringement of trade-marks, where he comes into court without clean hands, through having misled the public to believe that Pollack still lived; Pollack’s personalhy being found to have been a factor in the creation and retention of the trade good will which his product enjoyed;</p> <p>• [Ed. Note.—For other cases, see Trade-Marks and Trade-Names, Cent, Dig. § 94; Dec. Dig. § 85.*</p> <p>Unfair competition in use of trade-mark or trade-name, see notes to Scheuer v. Muller, 20 O. C. A. 165; Lare v. Harper Bros., 30 C. 0, A. 376,,]</p> <p>J. B. McPherson, District Judge, dissenting.</p>