Heide v. Wallace & Co.

Citations

• 129 F. 649
• 1904 U.S. App. LEXIS 4769

Syllabus

<p>L Unfair Competition — Grounds for Equitable Relief.</p> <p>The use by oue manufacturer to designate Ms product of a name previously in use by another does not alone constitute unfair competition, but, to justify a court of equity in interfering, there must also be such an imitation of display or dressing as to deceive purchasers into buying defendant’s goods for those of complainant; fraud being the practical basis of any such relief.</p> <p>2. Sam:e — Facts Considered.</p> <p>Complainant manufactures and sells in five-cent packages a small confection, composed chiefly of liquorice, under the name of “Liquorice Pastilles.” They are of diamond shape, and have embossed thereon the letters “H-H.” Defendants make and sell a similar article under the same name, having the same size, color, and shape, and the letter “W” embossed thereon. Held, that none of such facts, nor all together, entitled complainant to an injunction on the ground of unfair competition, the name being descriptive, and having been previously used by others in substantially the same form, and neither the shape of the confection, nor the embossing of letters thereon, having originated with complainant; there being no attempt by defendants to imitate Ms packages.</p> <p>If 1. Unfair competition, see notes to Scheuer v. Muller, 20 C. C. A. 165; Lare v. Harper & Bros., 30 C. C. A. 376.</p>