Oneida v. National Silver
New York Supreme Court
25 N.Y.S.2d 271 (1940)
- Written by Katrina Sumner, JD
Facts
Oneida (plaintiff) created a silver plate with a particular pattern that it named Coronation. Consumer response to this pattern was extraordinary. According to Oneida, National Silver (defendant) wanted to capitalize on Oneida’s success. Therefore, National Silver created a similar pattern, which it named Princess Royal and sold the pattern in competition with Oneida. Oneida sought an injunction, alleging that National Silver’s competition had unlawfully harmed its sales, profit, and goodwill. Oneida sought to admit evidence in the form of a survey. Five women were hired to canvas middle-class neighborhoods, conducting surveys with housewives. The housewives were shown a copy of the Princess Royal pattern and asked if they knew who had made the silverware. One-third of the respondents were not familiar with the pattern or what company may have made it. However, two-thirds of respondents, who had seen ads with silverware patterns, all identified the Princess Royal pattern as belonging to Oneida, except for one housewife.
Rule of Law
Issue
Holding and Reasoning (Feinberg, J.)
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