Rosenburg v. Fremont Undertaking Co.

Citations

• 63 Wash. 52
• 114 P. 886
• 1911 Wash. LEXIS 1156

Syllabus

<p>Trade-Marks and Trade-Names — Infringement. The prior use of the trade-name “Fremont Undertaker,” at Fremont, precludes the adoption by another firm at the same place of the name “Fremont Undertaking Company,” where confusion results therefrom.</p> <p>Same — Rights op Assignee — Change op Name. Successors in interest acquire the right to change the trade-name “Fremont Undertaker” to “Fremont Undertaking Company,” as against parties adopting a similar name.</p> <p>Same — Abandonment. The right to the use of a trade-name employed by a firm is abandoned and lost, where, upon dissolution of the copartnership, the member succeeding to the business agreed to, and for a time did, discontinue its use.</p>