Scranton Stove Works v. Clark

Citations

• 255 Pa. 23
• 99 A. 170
• 1916 Pa. LEXIS 521

Syllabus

<p>Equity jurisdiction — Unfair trade competition — Trade-marks— Imitations — Injunction.</p> <p>1. To constitute an infringement of a trade-mark a literal copy is not necessary. The'test is whether tbe label or mark is calculated to deceive the public and lead them to suppose they are purchasing an article manufactured by a person other than the one offering it for sale. The same principles apply to unfair trade competition.</p> <p>'2. Anything, done by -a rival in tbe same business, by imitation or otherwise, designed or calculated to deceive the public into the belief that in buying the product offered for sale they are buying the product of another manufacturer, is a fraud on the other’s rights, and affords just grounds for equitable interference.</p> <p>3. In a suit in equity to enjoin unfair trade competition it appeared that plaintiff had been engaged in tbe manufacture of stoves and ranges for a period of many years, and had acquired a large business; that the stoves were of a certain design and were sold in connection with certain, trade names, which had been registered as trade-marks and had been continuously used by plaintiff in connection with the manufacture and sale of his wares; that defendant manufactured repair parts for the various styles of stoves manufactured by plaintiff, upon which abbreviations of plaintiff’s trade name were stamped in such a way as to deceive the public into the belief that the articles were of plaintiff’s manufacturé. Held, that plaintiff was entitled to a decree restraining defendant from the use of its trade name or abbreviations thereof.</p> <p>4. The fact that a party who has been guilty of unfair trade competition in imitating the trade-mark of another alleges after suit brought that he has discontinued the practices, complained of, will not necessarily destroy the plaintiff’s right to an injunction, especially where it appears that the defendant although notified to desist and promising so to do, had not acted in good