DM Co. v. Nycoil Co.

Gregory, Justice:

Respondent, the DM Company, Inc., brought this action against appellant The Nycoil Company, d/b/a The DM Company to permanently enjoin appellant from using the name “The DM Company.” Respondent also sought actual damages proximately caused by appellant’s allegedly improper use of the name. This appeal is from an order of the lower court refusing to vacate the judgment by default and *497award of damages entered against appellant. We hold the lower court erred by refusing to vacate the default judgment and reverse.

This action was initiated on December 7, 1976 by service of a…