Home/Supreme Court of Pennsylvania/Peters Pack. Co., Inc. v. Oswald Hess Co.

Peters Pack. Co., Inc. v. Oswald Hess Co.

5 A.2d 361, 334 Pa. 272, 41 U.S.P.Q. (BNA) 415, 1939 Pa. LEXIS 626
Supreme Court of Pennsylvania·Decided March 21, 1939·No. Appeal, 98·Published·Cited by 3 cases

Opinion

Opinion by

Mr. Justice Schaffer,

Plaintiff makes a sausage which it labels “NOLINK,” defendant one which it brands “LONG LINK.” Plaintiff seeks to enjoin the use by defendant of the designation “LONG LINK,” on the ground that the words violate its trade-mark and constitute unfair competition.

The chancellor dismissed the bill, mainly on the ground that the terms used were not deceptively similar. Prom the decree of dismissal plaintiff appeals.

Appellant contends that its name “NOLINK” is a distinctive trade name and that it has a method of using this name in stamping and advertising which defendant largely imitates. It is alleged that defendant is marking its commodity with the name “LONG LINK” in the same color of ink, same size of type, and in the same position on the sausages as plaintiff, all of which is emphasized in the latter’s advertising. Plaintiff’s sausage is stuffed into gut containers but has no links, defendant’s is similarly contained, but the links are long, twelve inches. When exposed for sale, plaintiff’s sausage is curled in rings in the cartons, defendant’s lies straight.

An inspection of the exhibits attached to the record does not give us the impression, that an ordinarily observant person would be misled as to which sausage he was buying by the legend on the cartons, or the branding of the sausage itself. On the one carton appears “PETERS NOLINK PURE PORK SAUSAGE” and “PETERS PACKING CO’S NOLINK PORK SAUSAGE”;

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Peters Pack. Co., Inc. v. Oswald Hess Co., 5 A.2d 361, 334 Pa. 272, 41 U.S.P.Q. (BNA) 415, 1939 Pa. LEXIS 626 (Pa. 1939).

5 A.2d 361 (Peters Pack. Co., Inc. v. Oswald Hess Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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