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GENERAL MOTORS CORP. v. CIRCULATORS & DEV. MFG. CORP.

67 F.Supp. 745 (1946)

GENERAL MOTORS CORPORATION et al. v. CIRCULATORS & DEVICES MFG. CORPORATION.

District Court, S. D. New York.

July 29, 1946.

Attorney(s) appearing for the Case

Cooper, Kerr & Dunham, of New York City (Drury W. Cooper, Thomas J. Byrne, and John N. Cooper, all of New York City, of counsel), for plaintiffs.

Armand E. Lackenbach, of New York City, for defendant.

LEIBELL, District Judge.

The complaint herein, filed January 29, 1940, states a cause of action for unfair competition in the deliberate use by defendant of a trademark on its electric fans which closely resembled plaintiffs' trademark, "Frigidaire." Jurisdiction is based on diversity of citizenship and an amount involved in excess of $3,000. The trial judge directed that an interlocutory decree be entered in favor of plaintiff. In his conclusions of law he provided...

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