Lanham Act provides remedy for unfair competition that affects interstate commerce
How later courts described this case
- Lanham Act provides remedy for unfair competition that affects interstate commerce
- “[a]n infringement committed in intrastate 8 commerce but affecting interstate commerce could clearly be regulated by Congress and 9 thus would be within the present [Lanham] Act.”
Written by the judges who cited it.
The opinion
DENMAN, Chief Judge
(dissenting).
The petition for rehearing should be granted.
This court should not create against appellee an issue not in the record, thus giving, her opponents two bites at the cherry.
The compulsion-of .appellants’ payment of costs while giving them a reversal tells the story, for they chose to litigate the appeal without the transcript of the proceeding the district court is ordered to repeat.