Larson Co. v. Wrigley Co., 277 U.S. 97 (1928)

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Larson Co. v. Wrigley Co.


No. 603


Argued April 26, 1928
Decided May 14, 1928
277 U.S. 97

CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE SEVENTH CIRCUIT

Syllabus

Upon an accounting of net profits derived from sales of goods in packages simulating those of a competitor, the defendant, if the infringement was conscious and deliberate, is not entitled to deduct the federal income and excess profits taxes. P. 99.

20 F.2d 830, reversed.

Certiorari, 275 U.S. 521, to a decree of the circuit court of appeals, approving in the main, but remanding for the making of certain deductions, a decree of the district court for net profits on an accounting in a suit for unfair competition. The only question upon which certiorari was allowed, was whether federal income and excess profits taxes should be deducted. See also 253 Fed. 914; 275 id., 535; 5 F.2d 731, 739; 248 U.S. 580.