Barton v. Rex-Oil Co.

GIBSON, District Judge.

The plaintiffs herein seek to enjoin the defendant company—

“from using in connection with the manufacture and offering for sale or sale of any polish or dressing for leather goods or goods of substantially the same descriptive properties plaintiffs’ trade-mark ‘Dyanshine,’ or the colorable imitation, ‘Dye and Shine,’ or any other colorable imitation thereof, and further from using any name or names, device, artifice, or contrivance calculated to induce the belief that the defendant’s product is the plaintiffs.’ ”

The facts, as they have been made to appear to the court,…