Consumers Union of United States, Inc. v. Admiral Corporation
Decision Date | 23 August 1960 |
Citation | 186 F. Supp. 800 |
Parties | CONSUMERS UNION OF UNITED STATES, INC., Plaintiff, v. ADMIRAL CORPORATION, Defendant. |
Court | U.S. District Court — Southern District of New York |
Karpatkin & Karpatkin, New York City, for plaintiff.
Engel, Judge, Miller, Sterling & Reddy, New York City, for defendant.
This is a motion for a preliminary injunction against defendant.
Plaintiff is an independent research and testing organization which tests many products and publishes the results of these tests in the monthly magazine Consumer Reports. It has, for many years, rated products and has designated as a "Best Buy" certain products attaining the required combination of quality and price. Defendant manufactures, among other products, air conditioners, one of which, the 1960 Model 550AC23, has been packaged in cartons upon which has been printed the statement:
"Rated Americas' Best Buy by Independent Research Organization"
Plaintiff claims that a substantial number of Consumer Report readers will be deceived into believing that the Admiral Model 550AC23 has been rated a "Best Buy" by plaintiff. Plaintiff has not rated this air conditioner as a "Best Buy" and further charges that no other independent research organization, other than Consumers Union, rates products with the description "Best Buy".
The motion for a preliminary injunction is granted.
Settle order and submit therewith an undertaking in the amount of $5,000.
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