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GENERAL MOTORS CORP. v. CIRCULATORS & D. MFG. CORP.

38 F.Supp. 459 (1941)

GENERAL MOTORS CORPORATION et al. v. CIRCULATORS & DEVICES MFG. CORPORATION.

District Court, S. D. New York.

April 29, 1941.

Attorney(s) appearing for the Case

Cooper, Kerr & Dunham, of New York City (Drury W. Cooper and Thomas J. Byrne, both of New York City, of counsel), for plaintiff.

Louis N. Field, of New York City (Louis N. Field and Alfred A. Stander, both of New York City, of counsel), for defendant.

BYERS, District Judge.

The plaintiffs' cause in unfair competition is based upon the defendant's use of the word "Frigid" in such close relation to the word "Air" in the expression "Frigid Air Circulators" — meaning fans — that the trademark of the former "Frigidaire" has been simulated.

There are few, if any, contested issues of fact, and it is clear that the plaintiffs are entitled to the injunction prayed for in the complaint. The evidence...

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