Juan F. Portuondo Cigar Manufacturing Co. v. Vicente Portuondo Cigar Manufacturing Co.

Citations

• 222 Pa. 116
• 70 A. 968
• 1908 Pa. LEXIS 664

Syllabus

<p>Trade-marks — Name—Portuondo cigar — Trade name — Unfair competition in trade — Fraud—Injunction—Equity—Laches—Estoppel.</p> <p>A dealer will be enjoined from using trade-marks, labels, and indices where they bear such resemblance to those of another dealer that it is impossible to reach any other conclusion than that they were designed from those of the other dealer, with not too much variation to prevent them from being accredited by the unobservant and unwary to the other dealer, and with just enough variation to distinguish one from the other when comparison is made between them.</p> <p>The general rule is that anything done by a rival m 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 manufacturer, is in fraud of that other’s rights, and will afford just ground for equitable interference.</p> <p>Where a dealer not only simulates the labels, marks and designs of a rival, but addresses advertisements and circulars to the trade containing claims calculated to create the belief, contrary to the truth, that his goods, and not those of his rival, are the original goods known to the public under a particular name, such dealer is guilty of unfair competition in trade as well as an infringement of trade-mark, and will be duly enjoined.</p> <p>Where a dealer manufactures and sells cigars which become widely known by the dealer’s name, and he eventually incorporates his business, using his name in the corporate title, the corporation so formed has a standing in equity to enjoin another corporation from using the same name in its title, and in its business, where it appears that the second corporation based its claim to the use of the name from a brother of the oi'iginal dealer who had left the dealer’s employment, started a similar business in which he used the family name, subsequently became bankrupt, and thereafter made