New York Lies Insurance v. Orpheum Theater & Realty Co.

Citations

• 100 Wash. 573
• 171 P. 534
• 1918 Wash. LEXIS 779

Syllabus

<p>Trade-Marks— Unfair Competition —■ Prior Use of Name — Contract. A contract with the “Orpheum” circuit company for seven years’ use of a building, does not amount to license for the use of the name “Orpheum,” which would end on termination of the contract, where, long prior to the making of the contract, the lessees had used the name to designate their theater.</p> <p>Same—Abandonment of Name. The prior right to the use of the name “Orpheum Theater” was not abandoned by four months’ delay after closing the “Orpheum” before transferring it to another of different name owned by the same parties, where it was at all times the intention to preserve the right to use the name..</p> <p>Same—Unfair Competition—Injunction. Injunction lies toi prevent the use of electric signs tending to lead the public to believe that defendants’ theater was the “Orpheum” theater (to which plaintiff had a prior right) rather than to a theater in which Orpheum Circuit vaudeville was being given.</p> <p>Same—Damages. Substantial damages cannot be given on suppressing unfair competition in the use of the name of a theater, where the evidence of damage was speculative and indefinite.</p>