Julius Bien Co. v. Franklin

The plaintiff corporation seeks an injunction by judgment to restrain the defendant, its assignee for the benefit of creditors, from selling the right to the use of the name “ Julius Bien ” as a part of the assigned estate. By way of counterclaim the defendant prays that the plaintiff be restrained from using the name in such manner as to interfere with the rights of a purchaser upon the proposed sale, and the actual question is whether this name “ Julius Bien ” has passed as an asset to the defendant'under conditions which render it the subject of sale. It is quite apparent from the evidence…