247 F. 658 | 6th Cir. | 1917
(after stating the facts as above).
2. Based upon its common-law trade-mark rights, plaintiff argues that it has adopted the name “Penslar” for articles commonly sold in drug stores; that cigars are so sold; that, although it has not yet sold cigars, it plans to do so, and that this would be a natural and ordinary
We have concluded that this question, as well as the somewhat correlative argument by defendants that the terms of plaintiff’s charter do not permit it to sell cigars, do not require any decision in this case. We also pass without consideration the argument that since plaintiff i.s not selling cigars, there is no competition at all between the parties, and so there can he no unfair competition.
“PENINSULAR CHEMICAL COMPANY,
“(Incorporated) , Distributors,
“Detroit Michigan.”
The decree below is reversed, and the case remanded for a new decree in accordance with this opinion.