Straus v. Notaseme Hosiery Co.
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240 U.S. 179 (1916)
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U.S. Supreme Court
Straus v. Notaseme Hosiery Co., 240 U.S. 179 (1916)
Straus v. Notaseme Company
Argued January 17-18, 1916
Decided February 21, 1916
240 U.S. 179
While one using an unregistered design similar to that adopted earlier by another may be enjoined from further use thereof, he may not be charged with profits if it appear that the original imitation was unintentional, that no deceit or substitution of goods was accomplished in fact, and that no considerable part of the business was due to his goods' being supposed to be those of the earlier user of the design.
One innocently adopting an unregistered design and continuing to use the same after notice, not for the purpose of stealing the goodwill of the earlier user, but of preserving his own business, held, in this case, not to be charged with profits not shown to have been obtained by sales of articles supposed to be those of the earlier user.
Relief for unfair competition not given, as the supposed unfairness consisted mainly in the use of a device that the earlier user sought to have registered, but was refused.
215 F. 361 reversed in part.
The facts, which involve questions of unfair competition by using an unregistered trademark adopted as a business design for hosiery, are stated in the opinion.