Holmes v. BORDER ETC. CO., INC.

This is an appeal from a judgment granting the plaintiffs injunctive relief and requiring the defendant corporation to file and obtain a new corporate name in an action brought to restrain the use of a trade name.

A detailed chronology of the use of the trade name “Border Brokerage Company,” now sought to be used by both the plaintiffs and defendant, is necessary to understand and evaluate their respective positions.

Ben S. Armstrong and Clarence S. Holmes, both individually licensed as customhouse brokers by the Federal government, formed a partnership in 1927 to engage in the customhouse…