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TAUSSIG v. WELLINGTON FUND, INC.

Nos. 13702-13705.

313 F.2d 472 (1963)

Ralph J. TAUSSIG and Sally G. Taussig, His Wife, as Tenants by the Entireties v. WELLINGTON FUND, INC., Wellington Equity Fund, Inc., the Wellington Company, and Wellington Company, Ltd., Delaware Corporations. Wellington Equity Fund, Inc., the Wellington Company, Wellington Company, Ltd., Appellants in 13,702, Wellington Fund, Inc., Appellant in 13,703, Ralph J. Taussig and Sally G. Taussig, His Wife, as Tenants by the Entireties, Appellants in 13,704 and 13,705.

United States Court of Appeals Third Circuit.

Decided January 23, 1963.

Attorney(s) appearing for the Case

Richard F. Corroon, Wilmington, Del. (Berl Potter & Anderson, Wilmington, Del., on the brief), for appellant Wellington Fund, Inc., in No. 13703 only.

Daniel Mungall, Jr., Philadelphia, Pa. (Stradley, Ronon, Stevens & Young, Philadelphia, Pa., on the brief), for appellants in Nos. 13702 & 13703 and for appellees in Nos. 13704 and 13705.

Edwin P. Rome, Philadelphia, Pa. (Blank, Rudenko, Klaus & Rome, Philadelphia, Pa., Morris Relson, William F. Dudine, Jr., Darby & Darby, New York City, Morris L. Weisberg, Philadelphia, Pa., Floyd H. Crews, Harvey W. Mortimer, New York City, William E. Taylor, Jr., Wilmington, Del., on the brief), for Ralph J. Taussig and Sally G. Taussig, appellants in Nos. 13704 and 13705; and appellees in Nos. 13702 and 13703.

Peter A. Dammann, Gen. Counsel, David Ferber and Walter P. North, Assoc. Gen. Counsels, George P. Michaely, Jr., Sp. Counsel, Donald R. Jolliffe, Atty., Securities and Exchange Commission, Washington, D. C., on the brief for amicus curiae.

Before KALODNER, HASTIE and SMITH, Circuit Judges.

HASTIE, Circuit Judge.

In this stockholders' derivative suit the district court decided that the adoption and use of the name "Wellington" by Wellington Equity Fund, an openend, diversified, management investment company, constituted unfair competition in relation to Wellington Fund, Inc., a similar enterprise which had become well and favorably known as a large, active and successful mutual fund long before the 1958 organization of Wellington Equity Fund as a new...

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