American Fence Co. of the Midwest, Inc. v. Gestes

The opinion o£ the court was delivered by

Schroeder, J.:

This is an action to enjoin and restrain the use of a word in a trade name brought by a corporate plaintiff engaged in business under the trade name of “American Fence Company” against an individual doing business as the “All-American Fence Company.” The trial court entered judgment for the plaintiff and enjoined the defendant from using the word “American” in its trade name in the area of Sedgwick County,, Kansas. Appeal has been duly perfected to this court. . .

The question presented is whether on the facts in this case the trial court…