Dayton v. Imperial Sales & Parts Co.
Michigan Supreme Court
Appeal from Jáckson; Wiest, J., presiding. Bill by Edwin J. Dayton and Winfield S. Grant, copartners as Imperial Automobile Parts Company, and another, against the Imperial Sales & Parts Company and others for an injunction restraining defendants from using the name “Imperial” in carrying on their business, and other relief. From a decree for defendants, plaintiffs appeal.
1Opinion of the CourtSteere, J.
This injunction bill was filed- by the Imperial Automobile Parts Company of Jackson, Mich, “(and the Standard Motor Parts Company joined as coplaintiffs herein),” to restrain the Imperial Sales & Parts Company, of Jackson, from resorting to unfair competition in trade by soliciting, advertising, and doing business in Imperial automobile repair parts under its present name, which is charged to have been assumed in close imitation of that of the Jackson plaintiff with a design to deceive and mislead prospective customers of the latter to patronize defendants’ company unwittingly.
The Imperial…
2Cases cited4 opinions
- Chas. S. Higgins Co. v. Higgins Soap Co.New York Court of Appeals · 1895
- Walter Baker & Co. v. SandersCourt of Appeals for the Second Circuit · 1897
- Allegretti Chocolate Cream Co. v. KellerU.S. Circuit Court for the District of Southern New York · 1898
- People's Outfitting Co. v. People's Outlet Co.Michigan Supreme Court · 1912
3Cited by11 opinions
- James Heddon's Sons v. Millsite Steel & Wire Works, Inc.Court of Appeals for the Sixth Circuit · 1942
- Mishawaka Rubber & Woolen Mfg. Co. v. S. S. Kresge Co.Court of Appeals for the Sixth Circuit · 1941
- Socony-Vacuum Oil Co. v. RosenCourt of Appeals for the Sixth Circuit · 1940
- Standard Oil Co. of Maine v. Standard Oil Co. of New YorkCourt of Appeals for the First Circuit · 1930
- Grand Rapids Furniture Co. v. Grand Rapids Furniture ShopsMichigan Supreme Court · 1923
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