Hamilton Watch Company Sues For Unfair Competition

From Horology magazine, October 1939

Hamilton Watch Company Sues For Unfair Competition

Request for an injunction charging $200,000 damages for unfair competitive practices and trade-mark infringement has been filed by the Hamilton Watch Company against the Hamilton Chain Company, Young's Inc., S. & S. Manufacturing Co., Alfred Spear and Louis Susskind, in Rhode Island.

Hamilton Watch was recently successful in obtaining cancellation of the defendants' registration of the trade-mark "Hamilton" by the U. S. Patent Commissioner.


It is alleged in the complaint that the Hamilton Chain Company was formed in 1937 for the purpose of deceiving and defrauding the consuming public by exploitive use of the trade mark "Hamilton", established over a period of many years by the Hamilton Watch Company.  The complaint also alleges that the trademark "Hampden", registered by the defendants, is misleading to the buying public because of its similarity in sound and appearance to the trade-mark "Hamilton".


As a further point, it is alleged that the defendants incorporated under the name Stetson Chain Company, in 1937, with similar fraudulent intentions regarding the trademark "Stetson" established by the Stetson Hat Company. The U. S. Patent Office has also cancelled the defendants' registration of that trade-mark.


The request calls for permanent injunction against the use of the trademarks "Hamilton" and "Hampden", a complete accounting of profits derived from the use of these trade-marks, and an amount equal to three times the damages sustained by the plaintiff.