Arco Fuel Oil Co. v. Atlantic Richfield Co.

MEMORANDUM

THOMAS F. MURPHY, District Judge.

Plaintiff moves for a preliminary injunction. It claims that it and defendant sell the same class of products to the same customers in the same area under the same trade name and trademark, ARCO. It poses the question thus: will this court exercise its discretion to prevent a giant corporation of great wealth from seizing by economic force the simple trade name and trademark of a small business of long standing ?

We think that plaintiff protests too much. Evidently Judge Weinfeld thought so, too, when he refused a temporary restraining order.

Plaintiff,…