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LANDERS, FRARY & CLARK v. UNIVERSAL COOLER CORPORATION

No. 388.

85 F.2d 46 (1936)

LANDERS, FRARY & CLARK v. UNIVERSAL COOLER CORPORATION et al.

Circuit Court of Appeals, Second Circuit.

July 6, 1936.

Attorney(s) appearing for the Case

Bartlett, Eyre, Scott & Keel, of New York City (John P. Bartlett, Richard Eyre, and George N. Robillard, all of New York City, of counsel), for plaintiff.

Pennie, Davis, Marvin & Edmonds, of New York City (George E. Middleton, of New York City, Edwin C. Lewis, of Detroit, Mich., and Ernest H. Merchant, of New York City, of counsel), for defendants.

Before L. HAND, SWAN, and CHASE, Circuit Judges.

L. HAND, Circuit Judge.

This is a suit to prevent the use upon electric refrigerators of the word, "Universal," which the plaintiff had used for many years in the sale of other electric household appliances of many kinds. The defendant counterclaimed to enjoin the plaintiff's use. A predecessor of the defendant, the Universal Cooler Company, had been organized in the year 1923, and began to manufacture refrigerators in the spring of 1924. These were sold in two ways...

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