Robert Simmons, Inc. v. Simmons-King, Inc.

Plaintiff seeks to enjoin defendants from coloring the handles of paint brushes with a green tip, and asks for an accounting, damages and other relief. Defendants deny any such alleged unfair competition and counter with a prayer for injunctive relief against plaintiff’s use of the name “Simmons” and use of an advertising format similar to defendant’s. Common-law rights alone are involved, there being no question of patent, copyright or registry of trade-marks. The two defendants are now one and the same, a change of name having taken place in September, 1954, from Simmons-King, Inc. to A.…