Lewis v. Trinklein

The question for decision is whether the appellee (Arthur G. Lewis) has the exclusive right to use the registered trade mark name “Aif-O-Cel” as against the defendant Edwin J. Trinklein and his individually-owned corporation.

In 1928 Trinklein and associates incorporated Air-O-Oel Industries, Inc., to engage in the business of selling and installing certain insulating material under the registered" trade name “ Air-O-Cel.” Trinklein was president, director, and, with his brother, a majority stockholder in the corporation. The corporation met with business difficulties and on October 7, 1941,…