Southern Oxygen Co. v. Southern Oxygen Supply Co.

Duckworth, Chief Justice.

Southern Oxygen Supply Company prayed for an interlocutory and permanent injunction to prevent Southern Oxygen Company from engaging in unfair *802trade practices in using the name “Southern Oxygen Company” in the Atlanta area, and by cross-action the defendant prayed for an injunction to prevent the petitioner from infringing its trademark “Southern Oxygen,” and using the name “Southern Oxygen Supply Company.” At the interlocutory hearing, there was evidence showing that the defendant petitioned the Secretary of State in 1955 for a certificate to engage in business in…