[DOWNLOAD] "Russo Et Al. v. Thompson Et Al." by Supreme Judicial Court of Massachusetts # Book PDF Kindle ePub Free

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eBook details

• Title: Russo Et Al. v. Thompson Et Al.
• Author : Supreme Judicial Court of Massachusetts
• Release Date : January 05, 1936
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 66 KB

Description

QUA, Justice. The allegations of the bill, briefly summarized, are these: The plaintiffs, with labor and expense, have developed
and perfected a shoe press for resoling shoes without the use of nails, which they have placed upon the market, which has
become known as the Russo machine, and for which, through diligent effort and advertising, they have created a valuable good
will. The defendant Thompson has manufactured machines which are copies in detail and design of the Russo machine, including
all its characteristic features, and has palmed them off to the trade as and for the Russo machine. The defendant Laganas,
purporting to be the owner of a patent for a 'shoe level machine * * * radically different from the Russo machine,' and the
defendant Thompson, purporting to be a licensee of Laganas, intending to deceive the public and to defraud the plaintiffs,
have sent out to the trade an advertisement or 'warning' containing a photograph of the Russo machine or of such a close imitation
as to be indistinguishable from it, carrying, and intended to carry, the false implication that the Russo machine is the Laganas
machine protected by the Laganas patent, and threatening suit against all persons using machines of that character which do
not bear the number of the Laganas patent. The defendants have persisted in their wrongful conduct. The prayers are for injunctive
and other relief and for damages. The demurrers of both defendants were rightly overruled. The only ground of demurrer now argued is that the remedy at law
is adequate. The gist of the charge is the alleged continuing wrong of Thompson in selling his goods as those of the plaintiffs
and the alleged continuing wrong of Thompson and of Laganas in fraudulently using the Laganas patent as a shelter for Thompson
in injuring the plaintiffs' business. The bill is not based upon defamation as in Boston Diatite Co. v. Florence Mfg. Co.,
114 Mass. 69, 19 Am.Rep. 310, but upon continuing injury to the plaintiffs' property rights by unfair practices. Lawrence
Trust Co. v. Sun-American Publishing Co., 245 Mass. 262, 139 N.E. 655; Sherry v. Perkins, 147 Mass. 212, 214, 17 N.E. 307,
9 Am.St.Rep. 689; Aronson v. Orlov, 228 Mass. 1, 11, 116 N.E. 951. Clearly the remedy at law is not adequate. Summerfield
Co. of Boston v. Prime Furniture Co., 242 Mass. 149, 155, 136 N.E. 396; Maytag Co. v. Meadows Mfg. Co. (C.C.A.) 35 F.(2d)
403, 408.

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