241 Mass. 239 | Mass. | 1922
This bill in equity was brought to restrain
alleged unfair competition in trade. The case is here on the plaintiff’s appeals from interlocutory decrees overruling its exceptions to the master’s report, confirming the report, and denying a motion for an injunction; and from the final decree dismissing the bill.
Up to 1920 the defendant, while carrying on business alone, did so under his name “Samuel Lipsky” or “Lipsky & Company.” On his application to the Probate Court duly made and published under It. L. c. 154, § 12, his name was changed to Samuel Libby in February, 1920; and in May he changed the name under which he was doing business to “Libby & Libby Co. of Massachusetts.” The plaintiff, in support of its motion for an injunction, relies upon the numerous cases where courts have enjoined a competitor from fraudulently putting on the semblance of somebody else, for the purpose of passing off his goods as the goods of that other person. Samuels v. Spitzer, 177 Mass. 226. Poiret v. Jules Poiret Ltd. & A. F. Nash, 37 R. P. C. 177. Wotherspoon v. Currie, L. R. 5 H. L. 508. Valentine Meat Juice Co. v. Valentine Extract Co. Ltd. 17 R. P. C. 673. Chas. S. Higgins Co. v. Higgins Soap
It being established by the master’s report that the defendant’s conduct was not actuated by a fraudulent intent to deceive, there occurs the further question, whether a manifest liability to deception arises from the mere similarity between the plaintiff’s
The plaintiff’s exceptions to the master’s report are largely disposed of by what has been said, and need not be further discussed. It may be added, however, that the findings are based on and confined to the business of the defendant as heretofore conducted, and as interpreted by the master. We are not now concerned with possible future conduct which might give to the
Ordered accordingly.