Zippo Manufacturing Co. v. Rogers Imports, Inc. case brief

Zippo Manufacturing Co. v. Rogers Imports, Inc. case brief summary
216 F.Supp. 670 (S.D.N.Y. 1963)

CASE SYNOPSIS

Plaintiff manufacturer alleged trademark infringement and unfair competition by reason of defendant's sale of similar products and sought injunctive relief, an accounting and damages, while defendant counterclaimed unfair competition and also sought injunctive relief.

CASE FACTS
Plaintiff alleged both trademark infringement and unfair competition on the part of defendant by reason of defendant's sale of pocket lighters that closely resembled plaintiffs' lighters. Plaintiff sought injunctive relief, an accounting, and damages and defendant counterclaimed for a judgment declaring that plaintiff was unfairly competing with it and also sought injunctive relief.

DISCUSSION

• The court held that to recover for unfair competition, plaintiff could obtain relief only if it proved defendant's copying of the product, secondary meaning, product confusion, and nonfunctionality (unless purposely set apart by defendant in the public mind.) 
• The court held that surveys were admissible and could be admitted to prove the truth of the matter contained therein. 
• The court determined that plaintiff was entitled to a decree requiring defendant to alter its display cards and denied further relief to each party.

CONCLUSION
After examining the factors necessary to establish unfair competition, plaintiff was entitled to a decree requiring defendant to alter its display cards or to apply to the court within 30 days to determine the question, but no further relief was given to either party.


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