Ex-Cell-O Corporation v. Sage

Plaintiff seeks to enjoin use by defendants of the word “Excello” in the name of defendant corporation or in connection with the operation of their business. From decree dismissing its bill of complaint, plaintiff appeals.

Plaintiff was incorporated in 1919 as Ex-Cell-0 Tool and Manufacturing Company. In 1929 its name was changed to Ex-Cell-0 Aircraft and Tool Company, and in 1937 it adopted its present name, Ex-Cell-0 Corporation. It is a large corporation with thousands of employees, several manufacturing locations, 4,500 shareholders, and assets of $52,000,-000. It makes and sells precision…