(DOWNLOAD) "Douglas Laboratories Corp. v. Copper Tan Inc." by United States Court Of Appeals Second Circuit * eBook PDF Kindle ePub Free
eBook details
- Title: Douglas Laboratories Corp. v. Copper Tan Inc.
- Author : United States Court Of Appeals Second Circuit
- Release Date : January 10, 1954
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
Plaintiff has brought this action for trade-mark infringement and unfair competition to protect its use of the name "Coppertone" for its sun tan preparation against competition by defendant, which is using the name "Copper Tan" for its similar preparation. As the case was tried, jurisdiction was rested on the diverse citizenship of the parties. In a reasoned opinion, D.C.S.D.N.Y., 108 F.Supp. 837, Judge Edelstein made findings favorable to the plaintiff, including that of secondary meaning in the name, although he declined to uphold a common-law trade-mark (plaintiff having no registered trade-mark) because he held the word "Coppertone" to be descriptive, rather than fanciful. He therefore granted an injunction to plaintiff (with costs) enjoining the defendant from using the notation "The Original" and the address "Miami" in connection with "Copper Tan" in the Florida and New York markets; he also ordered cancelled defendants U.S. trade-mark registration No. 503,807 for "Copper Tan." Both parties have appealed. We think his findings favorable to plaintiff are supported by the evidence, and his resulting conclusion, that defendant unfairly competed in marketing its sun tan preparation, is appropriate in the light of these findings. Hence defendant can take nothing by its appeal, and we affirm the judgment against it.
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