UNFAIR COMPETITION-MISREPRESENTATIONS BY A COMPETITOR OF THE QUALITY OR CHARACTER OF HIS OWN PRODUCT

Authors

Abstract

The plaintiff, an exclusive licensee under certain patents, manufactures the "Purolator" oil filter. The A. C. Filter produced by the defendant was adjudged to be an infringement of plaintiff's patent rights and a permanent injunction was granted. Defendant then changed the internal construction of its oil filter without changing the shape, color, marking or appearance and thereafter sold the changed device representing that it was the same as the earlier infringing one. From a decree of the lower court dismissing plaintiff's bill alleging unfair competition, plaintiff appealed. Held, injunction granted restraining defendant from falsely representing the filter it is now selling to be of the same quality and character as the infringing filter. Motor Improvement, Inc. v. A. C. Spark Plug Co., (C. C. A. 6th,. 1936) 80 F. (2d) 385.

Recommended Citation

UNFAIR COMPETITION-MISREPRESENTATIONS BY A COMPETITOR OF THE QUALITY OR CHARACTER OF HIS OWN PRODUCT, 34 Mich. L. Rev. 900 (1936).
Available at: https://repository.law.umich.edu/mlr/vol34/iss6/24