Champion Spark Plug Co. v. Sanders et al., Doing Business As Perfect Recondition Spark Plug Co. (331 U.S. 125)
U.S. Supreme Court · decided April 28, 1947 · Supreme Court Database (Spaeth)
- Citation
- 331 U.S. 125 · 67 S. Ct. 1136
- Decided
- April 28, 1947
- Term
- October Term 1946
- Vote
- 9–0
- Majority author
- Justice Douglas
- Issue area
- Economic Activity
- Disposition
- Affirmed
- Outcome
- Petitioning party lost
- Ideological direction
- Liberal
Opinion excerpt
Opinion of the Court by Mr. Justice Douglas, announced by Mr. Justice Black. Petitioner is a manufacturer of spark plugs which it sells under the trade mark “Champion.” Respondents collect the used plugs, repair and recondition them, and resell them. Respondents retain the word “Champion” on the repaired or reconditioned plugs. The outside box or carton in which the plugs are packed has stamped on it the word “Champion,” together with the letter and figure denoting the particular style or type. They also, have printed on them “Perfect Process Spark Plugs Guaranteed Dependable” and “Perfect Process Renewed Spark Plugs.” Each carton contains smaller boxes in which the plugs are individually packed. These inside boxes also carry legends indicating that the plug has been renewed. But respondent company’s business name or address is not printed on the cartons. It supplies customers with petitioner’s charts containing recommendations for the use of Champion plugs. On each individual plug is stamped in small letters, blue on black, the word “Renewed,” which at times is almost illegible. Petitioner brought this suit in the District Court, charging infringement of its trade mark and unfair competition. See Judicial Code § 24 (1), (7), 28 U. S. C. § 41 (1), (7). The District Court found that respondents had infringed the trade mark. It enjoined them from offering or selling any of…
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