Arnheim v. Arnheim

In an action to restrain the use of a name as a trade-mark in business, the inquiry must determine whether the defendant simulated that name in such a manner that, with the combination of other business devices, the good will and trade, fairly earned in the past, of him who makes the complaint would be naturally diverted and impaired, or the public be deceived. Every one may use his own name in some form, but with that distinction of identity which prevents deception, and harmonizes with a business conducted on its own merits, and which does not derive a part of its sustenance from the…