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Keywords

appealsummary judgmentpatent

plaintiffdefendantmotionsummary judgmentcorporationmotion for summary judgment

Related Cases

Harrington Mfg. Co., Inc. v. Powell Mfg. Co., Inc., 38 N.C.App. 393, 248 S.E.2d 739, 205 U.S.P.Q. 290

Facts

Harrington Manufacturing Company, Inc. sued Powell Manufacturing Company, Inc. over allegations that Powell's advertisements contained false claims about its tobacco-harvesting equipment, constituting unfair competition and deceptive practices. Powell counterclaimed, asserting that Harrington's advertisements were also misleading and disparaged Powell's products. The Superior Court granted summary judgment in favor of Powell, dismissing Harrington's claims and allowing Powell's counterclaims. Both parties appealed the decision.

Plaintiff corporation, which was engaged in manufacture and sale of tobacco-harvesting and curing equipment, brought suit against competitor, alleging that certain claims made in defendant's advertisements were false and fraudulent and constituted an unfair method of competition and a deceptive act, and defendant filed counter-claims.

Issue

Rule

Analysis

The court analyzed Powell's advertisements and found that they were not misleading, as Powell had held the exclusive rights to the patented device for many years prior to Harrington obtaining a similar license. The court also noted that the statements made in Powell's advertisements were within the realm of acceptable puffing and did not constitute unfair competition. Conversely, Harrington's advertisements were deemed to not go beyond tolerable limits of puffing, thus not constituting unfair acts.

Conclusion

The court affirmed the summary judgment in favor of Powell, concluding that Powell's advertisements did not constitute unfair competition, while also affirming the dismissal of Harrington's claims. However, the court reversed the dismissal of Powell's second counterclaim regarding Harrington's alleged passing off of Powell's product.

The order granting defendant's motion for summary judgment is Affirmed.

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