San Francisco Oyster House v. Mihich

Citations

• 75 Wash. 274
• 134 P. 921
• 1913 Wash. LEXIS 2219

Syllabus

<p>Tbade-Mabks and Trade-Names — Right to Trade-Name — Necessity of Filing Certificate — Corporations. Under Rem. & Bal. Code, § 8369, providing that no person shall transact business under an assumed name unless lie shall file a certificate thereof in the county clerk’s office, a partnership cannot acquire the legal right to an assumed name until the certificate is filed; hence, where a corporation had filed its articles adopting the name before the filing of the partnership name, the partnership is not entitled to the name by reason of being the first to commence business; the one first legally acquiring the name being entitled to hold it, in the absence of fraud.</p> <p>Same — Relief—Injunction—Corporations—Names. An injunction lies to prevent the use of a business name so similar to the name legally adopted by a corporation that the mail of the two concerns became mingled, patrons of one mistakenly patronized the other, and the confusion resulted in damage which would be incapable of proof in a court of law.</p>