Mosler Safe Co. v. Ely-Norris Safe Co.
United States Supreme Court
273 U.S. 132 (1926)
Ely-Norris Safe Co. (plaintiff) manufactured safes with a unique hidden 'explosion chamber' to deter burglary, and as the design grew popular, Mosler Safe Co. (defendant) began making similar-looking safes with a metal band where the explosion chamber would be, falsely telling customers the band covered an explosion chamber when it did not; all of Mosler's safes bore its own name and address, and it never suggested to customers its safes were made by Ely. Ely sued for an injunction preventing Mosler from selling safes with the metal band or claiming they contained an explosion chamber; the trial court denied relief, the Supreme Court initially reversed on appeal, and Mosler further appealed.
Whether a plaintiff manufacturer who is not the sole producer of a particular item may bring a claim for unfair competition against another manufacturer of the item.