Peerless Rubber Mfg. Co. v. Nichol

Citations

• 187 F. 238
• 1911 U.S. App. LEXIS 5394

Syllabus

<p>' Tbade-Marks and Trade-Names (§ 98*) — Infringement—Good Faith:.</p> <p>Where defendants purchased certain spurious “Rainbow” packing from a stranger who was recommended to them, plaintiff having for years manufactured and sold a superior grade of packing under that name, but, on defendants’ attention being called to the infringement, they disclaimed any guilty knowledge, and offered to desist from the use and sale thereof, and disclosed their books, showing that they had only sold therefrom packing amounting to $44.07, complainant was entitled to an injunction restraining further sales, and to an order for the destruction of the spurious packing, but was not entitled to damages.</p> <p>[Ed. Note. — For other eases, see Trade-Marks and Trade-Names, Gent. Dig. § 112; Dec. Dig. § 9S.*j</p>