Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1916-12-16
Gan | INITIATE
L[NN0X FURNACE.
SUPREME COURT AFFlRMs LOWER
COURT IN ENJolNlNe oEs
MONIES COMPANY.
WAS INITIATING FURNACE
or THE LENNox COMPANY
Patterns and Castings Duplicated in
This city-pioturs Of Lennox Fur
mace Ussd-Apparsnt Effort to
"Pirate" Lennox Furnace Made
Courts Declare Unfair cempetition. Z

S The supreme court Of Iowa today en-
Joined the Wrot Iron Heater Company
of Des Moines from manufacturing OF
selling furnace which is 'duplica-
ton or stimulation Of the Lennox Fur
mace Company's Torrid Zone furnace.
The Polk county district court had
previously issued q restraining ordeT
granting temporary Injunction, Upon
appeal the supreme court suspended
the lower courts injunction pending
hearing and the defendant company
posted a $4,000 bond guaranteeing TO
account to the Marshalltown company
for any damages in might sustain pend
ing adjudication upon the appeal Ine
supreme court now decides that Judge
Dudley, Of the lower court, did right IN
enjoining competition so unfair as the
"piratins" of competitors goods as
the term is used in commerce.
The Courts Decision.
J, The supreme courts decision is out,
lined is the following telegram to the
T.-R. today: @
Special to Times Republican.
Des Moines, Dec. 16-In ruling
handed down today the Iowa supreme
court sustained the Polk county district
court in its order granting a temporary
injunction against the Wrot Iron Heat
er Company, of Des Moines, as asked
for by the Lennox Furnace Company, OF
Marshalltown. This was an action 70
restrain the Wrot Iron Heater Com :
pany from carrying on unfair trade ana
from continuing unfair competition as
alleged by the Lennox Furnace Com
pany.
The plaintiff claimed that it had de-
yeIoped a successful business and that
the defendant, by unfair methods, COM
menced in 1916 to put on the mar
ket a furnace that was an imitation OF
the Lennox company's furnace, and was
being taken and purchased for the
plaintiffs furnace. The lower court en-
joined the defendant company from
making such furnace, and now the
supreme court upholds this order
Imitation Apparent.
In the lower court the manager OF
the Des Moines company admitted that
he had taken Lennox furnace castings
and had patterns made from them In
the Central Pattern Works, Of this city.
and from them he had had castings
made by the Central Foundry Com
pany, of this city. now managed by h.
II. Mcdowell. who had formerly been
superintendent Of the Lennox Furnace
4 ompany's factories. He also admitted
/, that he had taken a picture of,the Len
nox Torrid Zone furnace, from which
to produce his own catalog, and in his
advertising he had represented that the
parts Of his furnace were interchange
able with Lennox furnaces, and that
they were made by the best workmen
selected from the Lennox companys
employ. He also admitted that he had
employed billing clerk from the Len
nox Furnace Company who gave him
confidential list Of that company's Gus
toners.
The lower court held that while there
was no patent on the Lennox furnace,
it was not necessary to duplicate it In.
parts and appearance in order to make
furnace for warm air heating and
that the fact that the duplicating had
been done so exact as to confuse buy
ers was evidence that the purpose was
to displace the plaintiff company's
goods with substitute which consti-
tuted unfair trade competition, and the
Des Moines company was enjoined
from selling or making furnace which
was an imitation Of the Lennox fur
mace. The supreme court now affirms
this decision. Hereafter furnaces just
like Torrid Zone furnaces can be made
only In the factory which originated the
design.