Champion Spark Plug Co. v. Sanders

331 U.S. 125 (1947)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

P is a manufacturer of spark plugs sold under the trade mark 'Champion.' D collects the used plugs, repair and recondition them, and resell them. D retained 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. D's business name or address is not printed on the cartons. On each individual plug is stamped in small letters, blue on black, the word 'Renewed,' which at times is almost illegible. P sued D charging infringement of its trademark and unfair competition. The Court found that D had infringed the trade mark. It enjoined them from offering or selling any of P's plugs that had been repaired or reconditioned unless (a) the trade mark and type and style marks were removed, (b) the plugs were repainted with a durable grey, brown, orange, or green paint, (c) the word 'REPAIRED' was stamped into the plug in letters of such size and depth as to retain enough white paint to display distinctly each letter of the word, (d) the cartons in which the plugs were packed carried a legend indicating that they contained used spark plugs originally made by P and repaired and made fit for use up to 10,000 miles by D. D appealed. The Court of Appeals eliminated the provision requiring the trade mark and type and style marks to be removed from the repaired or reconditioned plugs; (b) it substituted for the requirement that the word 'REPAIRED' be stamped into the plug, etc., a provision that the word 'REPAIRED' or 'USED' be stamped and baked on the plug by an electrical hot press in a contrasting color so as to be clearly and distinctly visible, the plug having been completely covered by permanent aluminum paint or other paint or lacquer; and (c) it eliminated the provision specifying the precise legend to be printed on the cartons and substituted a more general one. P appealed.