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Crescent Tool Company v. Kilborn & Bishop Company
United States Court of Appeals for the Second Circuit
247 F. 299 (1917)
Kilborn & Bishop (Kilborn) (defendant) began manufacturing wrenches in 1910. Crescent Tool Company (plaintiff) was already manufacturing wrenches when Kilborn entered the market, and its wrenches had become popular under the Crescent brand name. Crescent sued Kilborn, alleging that Kilborn engaged in nonfunctional unfair competition by improperly copying the appearance of its wrenches. The district court dismissed Crescent’s claim. Crescent appealed.
Rule of Law
Holding and Reasoning (L. Hand, J.)
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