Rosenburg v. Fremont Undertaking Co.
Washington Supreme Court
Appeal from a judgment of the superior court for King county, Frater, J., entered June 29, 1910, upon findings in favor of the defendant, after a trial on the merits before the court without a jury, in an action to enjoin the use of a trade-name.
1Opinion of the Court
Fullerton, J.-
This action was brought by the appellants against the respondent to enjoin the use of a trade-name. From the record it appears that in 1903 one M. O. Cartón opened an undertaking establishment in the northern *53part of the city of Seattle known as Fremont. In advertising his business he early began to use the words “Fremont Undertaker” sometimes placing the words immediately following his name, as “M. O. Carton, Fremont Undertaker,” and sometimes using them as his business name, as “Fremont Undertaker; M. O. Carton, proprietor”; the latter form being the one principally adopted…
2Cases cited13 opinions
- Fuller v. HuffCourt of Appeals for the Second Circuit · 1900
- Myers v. Kalamazoo Buggy Co.Michigan Supreme Court · 1884
- Eastern Outfitting Co. v. ManheimWashington Supreme Court · 1910
- Peer v. RyanMichigan Supreme Court · 1884
- Martell v. St. Francis Hotel Co.Washington Supreme Court · 1909
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3Cited by17 opinions
- Standard Oil Co. of New Mexico, Inc. v. Standard Oil Co. of CaliforniaCourt of Appeals for the Tenth Circuit · 1932
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- Foss v. CulbertsonWashington Supreme Court · 1943
- Seattle Street Railway & Municipal Employees Relief Ass'n v. Amalgamated Ass'n of Street EmployeesWashington Supreme Court · 1940
- Diamond Drill Contracting Co. v. International Diamond Drill Contracting Co.Washington Supreme Court · 1919
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