ZIPPO MANUFACTURING CO. V. ROGERS IMPORTS, INC.
216 F.Supp. 670 (1963)
NATURE OF THE CASE: This was a trademark infringement and unfair competition action.
Appealed. Zippo (P) alleged trademark infringement and unfair competition by reason of
Rogers (D) sale of similar products and sought injunctive relief, an accounting and damages,
while D counterclaimed unfair competition and also sought injunctive relief.
FACTS: Zippo (P) brought this action against Rogers Imports (D) after D began
manufacturing cigarette lighters similar to those manufactured by P. P became aware of D's
lighters when consumers began sending D's lighters to P for repairs, in the belief that P
had made them. In preparing its case, P retained a market research firm to conduct a survey
of consumers regarding the similarity of the lighters. In addition to offering the results
of the survey in evidence, P also offered testimony regarding the methods used in conducting
the survey. D objected to the admission of the survey on the grounds that it was hearsay.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
Get
free access to the entire content for Mac, PC or Online
for 2-3 days and free samples
of all kinds of products.
for 2-3 days and free samples of all kinds of products.
https://bsmsphd.com
© 2007-2016 Abn Study Partner
No comments:
Post a Comment