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FOX FUR CO. v. FOX FUR CO.

Civ. No. 497.

59 F.Supp. 701 (1945)

FOX FUR CO., Inc., et al. v. FOX FUR CO., Inc., et al.

District Court, D. Delaware.

March 23, 1945.

Attorney(s) appearing for the Case

Atwood C. Wolf, of Jersey City, N. J., and Caleb R. Layton, 3rd (of Hastings, Stockly and Layton), all of Wilmington, Del., for plaintiffs.

Philip Cohen, of Wilmington, Del., for defendants.

LEAHY, District Judge.

1. The conclusion1 is defendant's use of the words "Fox Fur" in its corporate name, and the use of the same and similar terms in its advertising, are likely to mislead purchasers or prospective purchasers of furs in Delaware into supposing that the furs of the defendant are, in fact, the furs advertised and dealt in by the plaintiffs. That no person was actually mislead is irrelevant, since injunctive relief is granted...

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