Wrigley v. Larson

Citations

• 195 F. 568
• 1911 U.S. App. LEXIS 5454

Syllabus

<p>1. Injunction (§ 144*)—Preliminary Injunction—Pleading.</p> <p>A prayer in a bill for a perpetual injunction may be construed broadly enough, if the equities of the ease require it, to support the granting of a temporary injunction; or a motion therefor may be treated as an amendment to the prayer of the bill sufficient to warrant the allowance of such injunction.</p> <p>[Ed. Note.—For other cases, see Injunction, Cent. Dig. §§ 316, 317, 321; Dec. Dig. § 144.*]</p> <p>2. Trade-Marks and Trade-Names (§ 70*)—Unfair Competition—Imitation of Packages.</p> <p>Defendants, who make a chewing gum sold under the name “Peptomint,” held to have so closely imitated the boxes and packages of complainant containing “Spearmint” gum, especially in the style and arrangement of the symbols and lettering and in the colors used, which include red, green, and white, as to indicate a studied intention to deceive retail purchasers and to entitle complainant to a preliminary injunction, although there were such differences that dealers would not be misled.</p> <p>[Ed. Note.—For other cases, see Trade-Marks and Trade-Names, Cent. Dig. § 81; Dec. Dig. § 70.*'</p> <p>Unfair competition in use of trade-mark or trade-name, see notes to Scheuer v. Muller, 20 C. C. A. 165; Lare v. Harper & Bros., 30 C. C. A. 376.]</p>