Foster Bros. Manufacturing Co. v. Ideal Bedding Co.

Lewis (Edmund H.), J.

By this action the plaintiff seeks to restrain the defendants from the use of a corporate name, including the word “ Ideal,” in the manufacture or sale of beds, bed springs, mattresses, pillows or articles used therewith.

From the record before the court it appears that the plaintiff was incorporated in 1893 for the purpose of manufacturing and selling wire springs, spring beds, woven wire mattresses and bedroom furniture. In the course of its business development it adopted and has registered as a trade-mark the word “ Ideal ” which word has been extensively used over a…