EQUITY - CLEAN HANDS DOCTRINE - TRADENAME INFRINGEMENT - RELIEF AWARDED ON CONDITION THAT COMPLAINANT CLEANSE HIS HANDS

Authors

Craig E. Davids, University of Michigan Law SchoolFollow

Abstract

For twenty-six years complainant conducted a tailor shop under the name, "Dundee Woolen Mills, Custom Tailors." On the front of the store was the slogan "No Middle Man's Profit," though the shop was neither owned by a woolen mill nor conducted in any manner that eliminated the usual middle man's profit. Defendant for many years operated a nation-wide chain of ready-to-wear stores under the name "Dundee Clothes" and eventually opened an establishment in complainant's locality. Suit was filed in equity to enjoin the defendant from using "Dundee" in his business. The lower court decided that though complainant had come into equity with "unclean hands" in having deceived the public, an injunction should be awarded, conditioned upon the complainant cleansing his hands by ceasing to use "Mills" in his tradename and deleting the slogan "No Middle Man's Profit" from future advertisements. Held, affirmed. Hartman v. Cohn, 155 Pa. Super. 41, 38 A. (2d) 22 (1944).

Recommended Citation

Craig E. Davids, EQUITY - CLEAN HANDS DOCTRINE - TRADENAME INFRINGEMENT - RELIEF AWARDED ON CONDITION THAT COMPLAINANT CLEANSE HIS HANDS, 43 Mich. L. Rev. 409 (1944).
Available at: https://repository.law.umich.edu/mlr/vol43/iss2/7