Straus v. Notaseme Hosiery Co.

Citations

• 240 U.S. 179
• 36 S. Ct. 288
• 60 L. Ed. 590
• 1916 U.S. LEXIS 1440

Syllabus

<p>While one using an unregistered design similar to that-adopted earlier by another may be enjoined from further use thereof, he may not be charged with profits' if it appear that the original imitation -was unintentional, that no deceit or substitution of goods was accomplished in fact,' and that no considerable part of the business was due to his goods being supposed to be those of. the earlier user of the design. .</p> <p>One innocently adopting an unregistered design and continuing to use the same after notice., not for the purpose of stealing the good will of the earlier user but of preserving his own. business, held, in this case, not to be charged with profits not shown to have been obtained by sales of articles supposed to be' those of the earlier user.</p> <p>Relief for unfair competition not given, as the supposed unfairness consisted mainly in the use of a device thát the earlier user sought ■ to have registered but was refused.</p> <p>215 Fed. Rep, 361,' reversed in part. .</p>