Memorandum on Unfair Competition at the Common Law |
Common terms and phrases
advertisement affirmed agents agreement alleged appellee association averred brought an action cause of action charged circuit court circular claim competing competitor complainant complainant's conduct conspiracy corporation court held court of appeal court of equity customers decision defendant's demurrer disparagement employed employees engaged enjoined entitled equity fact fendant firm Fonotipia fraud House of Lords induce infringement injunction injunction was granted injure the plaintiff intended interference intimidation jobbers judgment jury latter Law Reps libel Lord Lord Denman Lord Herschell machines manufacturer means ment N. Y. Supp old firm opinion parties patent person prevent protection published purchase purpose refused restraining the defendant restraint of trade retail Richard Hayward rival secret sell slander sold solicit special damage Standard Oil Co statement suit supplies Supreme Court threats tion trade trade-mark unfair competition unlawful vendor words wrong
Popular passages
Page 258 - A word or words having no direct reference to the character or quality of the goods, and not being according to its ordinary signification a geographical name or surname.
Page 220 - I apprehend, must mean every advantage — every positive advantage, if I may so express it, as contrasted with the negative advantage of the late partner not carrying on the business himself — that has been acquired by the old firm in carrying on its business, whether connected with the premises in which the business was previously carried on, or with the name of the late firm, or with any other matter carrying with it the benefit of the business.
Page 173 - The law cannot be compelled by any initial agreement of an associate member to treat him as one having no choice but that of the majority, nor as a willing participant in whatever action may be taken. The voluntary acceptance of by-laws providing for the imposition of coercive fines does not make them legal and collectible, and the standing threat of their imposition may properly be classed with the ordinary threat of suits upon groundless claims.
Page 220 - Cruttwell v. Lye, 17 Ves. 335, 346, where he says : " The good-will which has been the subject of sale is nothing more than the probability that the old customers will resort to the old place.
Page 30 - But if the persuasion be used for the indirect purpose of injuring the plaintiff, or of benefiting the defendant at the expense of the plaintiff, it is a malicious act which is in law and in fact a wrong act, and therefore a wrongful act, and therefore an actionable act if injury ensues from it.
Page 157 - A conspiracy formed and intended, directly or indirectly, to prevent the carrying on of any lawful business. or to injure the business of any one, by wrongfully preventing those who would be customers from buying anything from the representatives of such business by threats or intimidation, Is in restraint of trade and unlawful.
Page 236 - But where an alleged trademark is not in itself a good trademark, yet the use. of the word has come to denote the particular manufacturer or vendor, relief against unfair competition or perfidious dealing will be awarded by requiring the use of the word by another to be confined to its primary sense, by such limitations as will prevent misapprehension on the question of origin.
Page 103 - That an action will lie for written or oral falsehoods, not actionable per se nor even defamatory, where they are maliciously published, where they are Calculated in the ordinary course of things to produce, and where they do produce, actual damage, is established law.
Page 234 - It is not right to profess and to purport to sell that which you do not mean the purchaser to have; it is not an honest thing to pocket the price, and then to recapture the subject of sale, to decoy it away or call it back before the...
Page 152 - He has no right to be protected against competition; but he has a right to be free from malicious and wanton interference, disturbance or annoyance. If disturbance or loss come as a result of competition, or the exercise of like rights by others, it is damnum absque injuria, unless some superior right by contract or otherwise is interfered with.