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- American Philatelic Society v. Claibourne (1)
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Articles 1 - 6 of 6
Full-Text Articles in Law
Unfair Competition - Forgery Of Rare Stamps
Unfair Competition - Forgery Of Rare Stamps
Michigan Law Review
The defendant took stamps from a common, imperforate issue and perforated them to resemble exactly a perforate issue which because of its rarity had become very valuable, These were circulated among unscrupulous dealers who passed them off on the public as the genuine rare stamps at a much lower price than the genuine. This caused the value of the genuine stamps to fall and honest dealers to lose trade, The defendant did not try to deceive the dealers; he merely pointed the way for the deception of the public. The American Philatelic Society, an organization of some four thousand stamp …
Constitutional Law - National Industrial Recovery Act
Constitutional Law - National Industrial Recovery Act
Michigan Law Review
Defendants conducted wholesale poultry slaughterhouse markets. They had been convicted in a District Court of violating the following provisions of the "Live Poultry Code," promulgated under Section 3 of the National Industrial Recovery Act: (1) Minimum wages; (2) Maximum hours; (3) Requirement of "straight killing"; (4) Requirement of compliance with the inspection ordinances of the City of New York; (5) Requirement of filing of true reports of volume of business, etc., to the Code Authority; (6) Requirement of sale to dealers licensed by the City of New York. On a writ of certiorari to the Supreme Court of the United …
Constitutional Law - Price Fixing - Limits Of Administrative Discretion
Constitutional Law - Price Fixing - Limits Of Administrative Discretion
Michigan Law Review
An order of the New York Milk Control Board prescribed a minimum selling price to be charged by wholesale dealers to their customers and also a minimum buying price to be paid by the dealers to producers. Competition fixed the minimum selling price as the maximum obtainable. Plaintiff, a wholesale dealer, could not operate at a profit and sued to enjoin enforcement of the order as arbitrary and hence violative of due process. Held, that upon these facts only, with nothing to show that efficient dealers could not operate profitably, the price limits were not arbitrary. Hegeman Farms Corp. …
Unfair Competition -- Appropriation Of Good Will By A Non-Competitor -- Literary Property
Unfair Competition -- Appropriation Of Good Will By A Non-Competitor -- Literary Property
Michigan Law Review
The Texas Co. and the National Broadcasting Co. sought to enjoin the unauthorized publication and sale by the Uproar Co. of a pamphlet containing the subject-matter of Ed Wynn's advertising program, broadcast under the auspices of the Texas Co. The name "Graham," which was associated with the announcer Graham McNamee and had acquired a secondary meaning in connection with the N. B. C., appeared frequently in the pamphlet. The court found that the Texas Co. had the sole right under a contract with Wynn to the use of Wynn's script, that the N. B. C. had the exclusive right under …
Constitutional Law -Validity Of State Recovery Acts Adopting Federal Codes, Paul G. Kauper
Constitutional Law -Validity Of State Recovery Acts Adopting Federal Codes, Paul G. Kauper
Michigan Law Review
Among the interesting problems raised by the enactment of state recovery legislation is the problem growing out of the attempted adoption by the states of the codes of fair competition formulated under the authority of the National Industrial Recovery Act. The validity of such state legislation may be questioned in light of the familiar doctrine of non-delegability of legislative power - a doctrine that has been written into the constitutions of both the federal and state governments by judicial determination. Before considering the application of this doctrine to the problem at hand, it will be well to refer to two …
Are Unfair Methods Of Competition Actionable At The Suit Of A Competitor?, Grover C. Grismore
Are Unfair Methods Of Competition Actionable At The Suit Of A Competitor?, Grover C. Grismore
Michigan Law Review
The steps which have recently been taken, both through federal and state legislation, to regulate trade practices by outlawing what have been denominated "unfair methods of competition" have brought to the fore a problem that has vexed lawyers and legal writers for a long time. The question is whether a competitor who has been injured as a result of a rival's use of one of the condemned methods of competition can maintain any action either at law or in equity against the wrongdoer. Contrary to what has always been the practice in drafting so-called "anti-trust" laws, the legislation dealing with …