Yellow Cab Manufacturing Co. v. Checker Cab Manufacturing Corp.

Merrell, J.:

The action was commenced in equity by the plaintiff, respondent, for the alleged infringement by the defendants of a trademark consisting of a symbol of checkers in contrasting colors affixed to taxicabs. The plaintiff, respondent, applied for a temporary injunction restraining the several defendants from manufacturing, selling, using and operating taxicabs having affixed thereto such trademark. The defendants, appellants, answered denying the allegations of the complaint and interposing a counterclaim alleging ownership of said trademark and charging that the plaintiff had…