UNITED STATES SUPREME COURT DECISIONS ON-LINE

1. Respondents engaged in the business of repairing used trademarked spark plugs and reselling them without removing the original trademarks. In a suit by the manufacturer, the trial court found that respondents had infringed the trademark but that there had been no fraud or palming off. It denied an accounting, but enjoined further infringement.

Held: the equities of this case are satisfied by a decree requiring that the word "repaired" or "used" be plainly and durably stamped on each plug, and that the containers and printed matter used in connection with the sales clearly show that the plugs are used and reconditioned by respondents, giving their names and address -- even though the decree does not require that the trademarks be removed. Pp. 331 U. S. 126-132.

2. Under the Trade Mark Act of 1905, a finding that a trademark has been infringed does not necessarily require that an accounting be ordered where an injunction will satisfy the equities of the case. P. 331 U. S. 131.

3. In the circumstances of this case, a finding that respondents had also engaged in unfair competition does not require more stringent controls, or that an accounting be ordered. Pp. 331 U. S. 130-132.

156 F.2d 488, affirmed.

The District Court found that respondents had infringed petitioner's trademark, enjoined further infringement, and denied an accounting. 56 F.Supp. 782, 61 F.Supp. 247. The Circuit Court of Appeals modified the decree in certain details. 156 F.2d 488. This Court granted certiorari. 329 U.S. 709. Affirmed, p. 331 U. S. 132. clubjuris

Page 331 U. S. 126