Oklahoma Producing & Refining Co. v. Oklahoma Consolidated Producing & Refining Co.

Citations

• 12 Del. Ch. 62
• 106 A. 38
• 1918 Del. Ch. LEXIS 7

Syllabus

<p>The similarity of names of complainant, Oklahoma Producing & Refining Company, and defendant, Oklahoma Consolidated Producing & Refining Company, being such that the public would probably be deceived thereby, tending naturally to harm complainant, complainant is entitled to have its rights protected by preliminary injunction against defendant’s use of its name until the case can be fully heard upon the proofs adduced in the regular way.</p> <p>Delay in-seeking relief against a continuance of the use of a proprietary name, such as a trade-mark, is not ordinarily a defense recognized in equity courts, however much it may affect the rights to an accounting for profits.</p>