Federal Telephone & R. Corp. v. Federal Television Corp., 170
| Decision Date | 28 February 1950 |
| Docket Number | No. 170,Docket 21472.,170 |
| Citation | 180 F.2d 250 |
| Parties | FEDERAL TELEPHONE & RADIO CORP. v. FEDERAL TELEVISION CORP. |
| Court | U.S. Court of Appeals — Second Circuit |
Darby & Darby, New York City, Floyd H. Crews, Edward D. Phinney, Percy P. Lantzy, New York City, Paul Kolisch, New York City, for appellant.
Lillian D. Rock, New York City, Elliott L. Biskind, New York City, for appellee.
Before L. HAND, Chief Judge, and SWAN and CHASE, Circuit Judges.
The plaintiff appeals from an order, denying its motion for a preliminary injunction, in an action to prevent the defendant from using the name, "Federal," or its corporate name "Federal Television Corporation," in the sale at retail of television receivers, "boosters," and the like. Its claim is founded upon the similarity between its own name and the defendant's and between the goods sold by both. The facts stated in the affidavits, on which the motion was heard, were as follows. The name of the plaintiff's predecessor, a California corporation organized in 1909, was "Federal Telegraph Company," which until 1931 was engaged in transmitting wireless messages, building radio stations, and making radio and telegraph equipment. In 1931 the International Telephone and Telegraph Corporation bought out the old company and moved it to Newark; and in 1942 merged it with another of its subsidiaries under its present name. The new company — the plaintiff — continued the old business of making and selling to manufacturers parts for telephone, telegraph, radio, television equipment and other like equipment; until in the year 1946 it began to sell radio receivers at retail. When the motion was made it had sold about 100,000 of these through some 4500 retail dealers, and it has always sold them under the name, "Federal"; they are the only sales of receivers under that name, although during the years 1925-1927 the plaintiff's predecessor had sold radio sets under another name. The defendant was organized in February 1948; as we have said, its business is the manufacture and sale at retail of television receivers and "boosters." The plaintiff asserts that confusion has developed as to these; and in its affidavits it gave the names of four retailers — "sales representatives" — who telephoned to ask why they had not been informed that it was manufacturing television apparatus. When, however, the defendant's attorney telephoned to two of these, they denied making any such statements; and he was unable to find the other two in the telephone directories of the cities where the plaintiff said that they lived. After the beginning of the action the International Telephone and Telegraph Corporation started manufacturing television receiving sets, through another of its subsidiaries, the Capehart-Farnsworth Corporation; but it did so under that name. Thus, not only must we lay aside the possibility that the defendant can divert customers from the plaintiff; but there is no proof, such as a preliminary...
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