Direct Service Oil Co. v. Honzay

Peterson, Justice.

Plaintiff sues to enjoin defendant from using in connection with the operation of his filling' station the words “Direct Service,” “Direct Service Station,” and “Direct Service Oil Company,” to which it claims the exclusive right as its tradename in virtue of prior appropriation and use for many years in connection with its business.

Since 1926 plaintiff has been engaged in the business of selling at wholesale and retail gasoline, grease, oil, tires, radios, and automobile accessories. In August 1937 defendant commenced to operate a filling station in Olivia in which he…