Hainque v. Cyclops Iron Works

Plaintiffs and their predecessors in interest have conducted in the city of San Francisco for many years a machine factory under the name of “Cyclops Machine Works.” After plaintiffs and their predecessors had been engaged in this business for many years,6 this defendant, a corporation, in the immediate neighborhood of the location of plaintiffs’ business inaugurated a business of the same general character, under the name of “Cyclops Iron Works.” In the trial court a perpetual injunction was granted against defendant, prohibiting its use of the word “Cyclops” in connection with its machine…