Wawak Co., Inc. v. Richard C. Kaiser, Detmer, Bruner & (and) Mason, Inc., and Detmer Woolen Co. Case 27 The Trade-Mark Reporter 1937

27 Trademark Rep. 606 (1937)
Wawak Co., Inc. v. Richard C. Kaiser, Detmer, Bruner & (and) Mason, Inc., and Detmer Woolen Co.

handle is hein.journals/thetmr27 and id is 708 raw text is: TWENTY-SEVEN TRADE-MARK REPORTER

WVAWAK Co., INC. v. RICHARD C. KAISER, DETMER, BRUNER &
MASON, INC., AND DETMER WOOLEN CO.
United States Circuit Court of Appeals, Seventh Circuit
June 8, 1987
UNFAIR COMPETITION-WHEN PRESENT.
Wherever unfair competition exists is a question of fact, and
plaintiff, to succeed, must show that the probable result of defendant's
conduct would be to lead the public to purchase his goods as those of
plaintiff.
UNFAIR COM[PETITION-USE OF DECEPTIVE ADVERTISING.
If a trader, in his advertising matter imitates the form, color and
design of another to such extent that his advertising is calculated to
induce the public to buy his goods in the belief that they are those of
his competitor, such action is unfair competition.
UNFAIR COMPETITION-EFFECT OF AGREEMENT NOT TO ENGAGE IN BUSINESS.
Where an agreement of the vendor not to engage in business or to
permit others to do so in certain territory was limited as to time and
place and, in other respects, was reasonable and proper, held valid, and
in force as long as the vendee continues the business.
UNFAIR COMIPETITION AND TRADE-MARKS--TITLE-TRANSFER WITH GOOD-
WILL.
Where D. sold to appellant all goods in stock, sample books, trade
records and sample style cards used in carrying on business at its
Chicago branch, together with promise that D. would not sell goods in
the Chicago area or allow others to do so under its name, but that
appellant should operate in said territory as its successor and fill all
subsequent orders, held that the good-will of the business within said
territory passed as an incident to such contract, although the good-will
was not specifically mentioned therein.
UNFAIR COMPETITION-USE OF COMPANY NAMES.
Detmer Woolen Co., Bruner Woolen Co., Mason & Hanson, Inc.,
and Salzer & Worf, Inc., consolidated into Detmer, Bruner & Mason,
Inc., with branches in New York and Chicago, covered separate areas
and later took over all business of four constituents. The latter cor-
poration sold to plaintiff's predecessor all business of Chicago branch,
all customer's lists, and data, and agreed not to compete in that terri-
tory. Thereafter, K. purchased Detmer, Bruner & Mason, Inc., and
proceeded in Chicago territory to circularize the trade with reproduc-
tions of advertising matter used by Detmer, Bruner & Mason, Inc., and
taken over by plaintiff's predecessor. Defendant even used name
Detmer, Bruner & Mason, Inc., but on complaint revived defunct name
of Detmer Woolen Co., and continued imitation of advertising stating
it had been in business fifty years. Held unfair competition and de-
fendant was enjoined from use of name Detmer or old trade-marks or
Detmer Woolens or similar literature and correspondence with cus-
tomers of old corporation.

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