Martell v. St. Francis Hotel Co.

Citations

• 51 Wash. 375
• 98 P. 1116
• 1909 Wash. LEXIS 1196

Syllabus

<p>Trade Names — Injunctions—Enjoining Use of Name for Hotel. The keepers of a small hotel used principally as a rooming house by the week, called the Hotel St. Francis, are entitled to an injunction preventing the use of the same name for a large hotel catering principally to transients by the day, where it appears that the two hotels are in the same locality, both competing for transient trade, and that confusion results from the use of the same name; and it is immaterial that the defendant when it adopted the name had no knowledge of the prior use thereof by the plaintiffs and had no intent to deceive or defraud, or that it is more inconvenienced by the confusion than the plaintiffs, or the public.</p> <p>Same — Defenses. In such a case, it is no defense that the plaintiff purchased their hotel and its good will pending the litigation, when all prior damages were waived.</p>