Millbrae Co. v. Taylor

Citations

• 4 Cal. Unrep. 714
• 37 P. 235
• 1894 Cal. LEXIS 1230

Syllabus

<p>Trade Name—Injunction.—Defendant, the Owner of Land Known as “Millhrae Station,” formed a copartnership with plaintiffs to keep cows on said land, and sell the milk therefrom under the trade name of “Millhrae Dairy.” Afterward the partnership was dissolved, plaintiffs taking the milk routes and business of selling milk, and defendant, who remained the owner of the land, agreeing to supply them with milk therefrom. Later plaintiffs terminated the contract with defendant, and took no more of his milk, but still conducted a milk business under the name of the “Millhrae Dairy,” and formed a corporation under the name of the “Millhrae Company,” to carry on the business. Held, that plaintiffs could not ask for an injunction to restrain defendant from using the name “Millhrae” in a competing business, since their own use of the name was a fraud on the public.</p>