Barton v. Rex-Oil Co.

WOOLLEY, Circuit Judge.

Speaking of the parties as they stand on the record, this suit was brought by bill in equity filed by a firm trading as Barton Manufacturing Company against the Rex-Oil Company, a corporation, to restrain infringement of their registered trade-mark “Dyanshine,” applied to shoe polish, by the use of the name “Dye and Shine” applied to similar goods, and for relief against unfair competition. From a decree dismissing the hill for want of equity, the complainants appealed.

These two questions are involved: First, whether the word “Dyanshine,” a corruption of the words “dye…