Jenney Manufacturing Co. v. Leader Filling Stations Corp.

This is a suit in equity brought by the plaintiff against the defendant to establish the plaintiff’s exclusive right to use the word “Aero” as a trade name in the manufacture, sale and distribution of gasoline, and to restrain the defendant from using that word. The defendant by counterclaim seeks to establish for itself an exclusive right to the use of said name and to restrain the plaintiff *395from using the same word. The defendant seeks a restraining order and damages; the plaintiff seeks a restraining order only. The case was referred to a master who was directed to report his findings of…