McGrew Coal Co. v. Menefee

This is a suit in equity to enjoin defendant from infringing a trademark-of plaintiff and from injuring its business by using a trade name to the use of which plaintiff alleges it has the sole proprietary right. The answer is a general denial. On final hearing the court decided the issues in favor of defendant and dismissed the bill. Plaintiff appealed.

For many years J. 0., McGrew was the owner and operator of large coal mines near Lexington. There were other mines in the same district and practically the same kind and quality of bituminous coal was mined throughout the district. Plaintiff…