Wood v. Wood
Oregon Supreme Court
From Lane: Lawrence T. Harris, Judge. Statement by Mr. Chief Justice Moore. • This is a suit to enjoin tbe use of a trade name.
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From Lane: Lawrence T. Harris, Judge. Statement by Mr. Chief Justice Moore. • This is a suit to enjoin tbe use of a trade name. Tbe facts are that the plaintiff H. H. Wood and a Mr. G-aley were partners and engaged at Eugene, Oregon, as land brokers under the firm name of the “Galey-Wood Realty Company” until October, 1912, when Galey retired and the plaintiff Harvey Wood succeeded him, whereupon the firm was reorganized and continued the business at the same place as the “Wood Realty Company.” The defendant W. E. Wood alone began business in the same city in May, 1913, as the “W. E. Wood…
1Opinion of the Court
Opinion by
Mr. Chief Justice Moore.
It is contended that the defendant was entitled to the use of his family name, and the word “realty,” when applied to the business in which he was engaged, was a term of description, and, such being the case, an error was committed in granting the relief awarded. Though there is a well recognized distinction between a trademark and a trade name, these classifications are usually treated in text-books under the title of the former designation, and legal restraint is granted or denied upon a consideration of the question whether or not the similarity in the…
2Cases cited9 opinions
- Goodyear's India Rubber Glove Manufacturing Co. v. Goodyear Rubber Co.Supreme Court of the United States · 1888
- Russia Cement Co. v. LePageMassachusetts Supreme Judicial Court · 1888
- Saxlehner v. Siegel-Cooper Co.Supreme Court of the United States · 1900
- Fuller v. HuffCourt of Appeals for the Second Circuit · 1900
- Walter Baker & Co. v. SandersCourt of Appeals for the Second Circuit · 1897
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3Cited by9 opinions
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- Federal Securities Co. v. Federal Securities Corp.Oregon Supreme Court · 1929
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- M. M. Newcomer Co. v. Newcomer's New StoreTennessee Supreme Court · 1919
- Danton v. Mohler Barber SchoolOregon Supreme Court · 1918
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