Memorandum On Unfair Competition At the Common Law

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Du Cros v. Gold.^ This was an action to restrain the defendant from so getting up his taxicabs as to pass them off as the plaintiffs'. The plaintiffs' cabs were painted dark green and yellow, or primrose, and on the door there was a panel immediately below the window, on which the ini- tials of the two brothers, William and George Du Cros, appeared in a very characteristic form. The initials "W. & G." were con- nected by the sign "&." Other people had painted their taxicabs green and yeUow, inc...luding the defendant, whose full name wag Morris Gold. To more clearly imitate the cabs of the plaintiffs he had painted on the panels of the doors of his cabs his initials " M. G." in the same form and script as the plaintiffs', with a twist or curl between the two letters that would be easily mistaken for the sign " &." Evidence was introduced of actual deception; and counsel for the plaintiffs agreed to an order for the obliteration of the letters "M. G." The court's order was based not upon the similarity of color, which on the evidence was shown to be common to the trade, but upon the association of these elements with the letters "M.

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