Wright Restaurant Co. v. Seattle Restaurant Co.

Citations

• 67 Wash. 690
• 122 P. 348
• 1912 Wash. LEXIS 1234

Syllabus

<p>Trade-Marks and Trade-Names — Unpair Competition — Injunction — Complaint—Sueeiciency. Although there may be no exclusive right to use a proprietary trade-mark, nor any breach of contract as to good will, yet an injunction will be granted to restrain unfair competition by the fraudulent use of a trade-name, and the complaint states a cause of action, where it appears that a corporation had acquired from a partnership in the restaurant business the right to use the individual name of one of the partners, who had previously built up an enviable reputation and trade at a certain location in the city of S., with the right to conduct the business under such individual name, that such partner afterwards sold out his stock to his former partner, and soon after organized a new corporation and opened up and began conducting another restaurant and cafe in the same city within a block of the old location, with the same individual name printed in large letters on the front door in such a manner as to make the public believe that the old restaurant had moved to the new location, advertising the same in the daily papers and moving picture shows in the same misleading manner, to the plaintiff’s damage.</p>