Hohenstein v. Perelstine

Citations

• 37 Pa. Super. 540
• 1908 Pa. Super. LEXIS 324

Syllabus

<p>Trade-mark — Unfair competition in trade — Fraud,—“Carter shoe.”</p> <p>The general rale is that anything done by a rival in the same business, by imitation or otherwise, designed or calculated to mislead the public in the belief that in buying the product offered by him for sale, they were buying the product of another’s manufacture, would be in fraud of that other’s rights, and would afford just grounds for equitable interference.</p> <p>Appeals — Findings of fact — Equity—Review.</p> <p>Where the conclusions of fact reached by the trial court in an equity case rest upon sufficient evidence, and the record discloses no manifest error in their deduction from the evidence, the appellate court will not reverse the decree based upon the findings, and this is the case although the evidence may be conflicting.</p>