Ely-Norris Safe Co. v. Mosler Safe Co.
United States Court of Appeals for the Second Circuit
7 F.2d 603 (2d Cir. 1925)
Relevant factsFree
Mosler (defendant) manufactured safes with a metal band designed to falsely appear to customers as covering an explosion chamber like Ely's (plaintiff's) uniquely designed, burglary-resistant safes, even though Mosler's safes contained no such chamber and Ely was the only manufacturer actually capable of producing that design; the trial court found Mosler's safes bore its own name and address and never suggested to customers they were made by Ely, and denied Ely's request for an injunction.
IssueFree
Whether an action for unfair competition exists when a defendant falsely passes off the plaintiff's goods as his own.