MONSANTO CHEMICAL CO. v. PERFECT FIT PRODUCTS MFG. CO.

No. 384, Docket 29179.

349 F.2d 389 (1965)

MONSANTO CHEMICAL COMPANY, Successor by merger to The Chemstrand Corporation, Appellee-Appellant (Plaintiff), v. PERFECT FIT PRODUCTS MANUFACTURING CO., Inc., Appellant-Appellee (Defendant).

United States Court of Appeals Second Circuit.

Decided July 28, 1965.


Attorney(s) appearing for the Case

Walter H. Free, New York City (Brumbaugh, Free, Graves & Donohue, and John F. Neary, Jr., Richard A. Lochner, New York City, on the brief), for appellee-appellant (plaintiff).

Jay F. Gordon, New York City (Natanson, Gordon & Reich, and Melvyn Altman, New York City, on the brief), for appellant-appellee (defendant).

Before LUMBARD, Chief Judge, and MOORE and MARSHALL, Circuit Judges.


LUMBARD, Chief Judge:

The issue on this appeal is whether the district court erred in refusing to allow an accounting of the profits gained by the defendant through its deliberate infringement of the plaintiff's trademark on the ground that the parties were not in direct competition. We conclude that the public interest in deterring fraudulent sales practices requires that such an accounting be allowed, and we therefore remand the case for such accounting.

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases