Burns v. Schotz

The trial court granted, in part, plaintiffs’ request for an injunction restraining defendant from using the trade name “Dog Supply House.”' Defendant appeals, contending that the proofs failed to establish that defendant’s trade name was calculated to deceive the public and that plaintiffs were-guilty of laches.

In 1939 plaintiff Irma V. Conway established a pet shop at 14900 Livernois avenue, Detroit, selected the name “The Dog House” and filed assumed name certificate with the Wayne county clerk. In 1945 she formed a partnership with plaintiff Burns, and the partnership certificate for…