Eastern Outfitting Co. v. Manheim

Citations

• 59 Wash. 428
• 110 P. 23
• 1910 Wash. LEXIS 1219

Syllabus

<p>Trade-Marks and Trade-Names — Corporations — Right to Use Name — Fraud—Injunction. A corporation organized in this state under the name of “Eastern Outfitting Company” for the purpose of selling cloaks, suits and men’s clothing, has no exclusive right to the use of the name throughout the state for that purpose; and where its business had been confined to a retail and mail order business in the vicinity of Seattle, it will be enjoined from opening a branch house under the same name in Spokane, for the purpose of defrauding the public and a copartnership that had for several years been doing the same kind of business under the same name in the city of Spokane, where there had been no confusion theretofore owing to the fact that neither had invaded the territory of the other (Morris and Chadwick, JJ., dissenting).</p> <p>Same — Unfair Competition — Injunction—Relief. In such a case, the corporation (which was first in the use of the name) is not entitled to an injunction preventing the further use of the trade-name by the copartnership; since protection to a trade-name is only coextensive with the market, and there cannot be unfair trade competition unless there is competition (Morris and Chadwick, JJ., dissenting).</p> <p>Same — Trade-Name—Corporations—Names. The name of a corporation is not its trade-mark, as the latter refers t'o the thing sold, and a trade-name embraces both the thing and the individuality of the seller.</p> <p>Appeal — Review—Parties Entitled to Allege Error. Upon an appeal from an order enjoining the use of a trade-name, the appellant is not entitled to have the court review an order punishing a third person for violating the injunction.</p>