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Certain-Teed Products Corp. v. Philadelphia & Suburban Mortgage Guarantee Co.

CIRCUIT COURT OF APPEALS, THIRD CIRCUIT


April 6, 1931

CERTAIN-TEED PRODUCTS CORPORATION
v.
PHILADELPHIA & SUBURBAN MORTGAGE GUARANTEE CO.

Appeal from the District Court of the United States for the Eastern District of Pennsylvania; William H. Kirkpatrick, Judge.

Author: Buffington

Before BUFFINGTON and WOOLLEY, Circuit Judges, and THOMPSON, District Judge.

BUFFINGTON, Circuit Judge.

In this case the court below dismissed a bill filed by the Certain-Teed Products Corporation, whose products are roofing and other building materials, against the Philadelphia & Suburban Mortgage Guarantee Company, whose business is buying mortgages and reselling them with the added security of its guaranty of their principal and interest. The bill prayed the defendants be enjoined from its use of a slogan, "A guaranteed mortgage is a certainteed income." No similarity or simulation of product is involved. No fraud, deception, or confusion in the minds of the public is shown or threatened. After a study of the case, we are satisfied the bill was rightly dismissed. The proofs, the pertinent decisions, and indeed the entire case is so fully and satisfactorily discussed in the comprehensive opinion of Judge Kirkpatrick, that a further one by this court could be but a labored effort to clothe in other words what he has said. Accordingly we limit ourselves to adopting his opinion, which is printed in the margin,*fn1 as our own, and so affirm the decree below.

The bill may be dismissed with costs.


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