Fair-South Flint Plaza, Inc. v. Shoppers Fair of Flint, Inc.

Plaintiff sells general merchandise in the city of Flint, operating a store known as “The Fair.” Defendant appeals from a decree preventing “the use of the words ‘The Fair’ or ‘Fair’ in and about their advertising, signs or business,” designating a department store defendant planned opening 1 mile distant from plaintiff’s store in the same city.

The applicable statute provides (CLS 1956, § 450.6 [Stat Aim 1957 Cum Supp § 21.6]):

“No corporation shall assume any name which is likely to mislead the public, or any name already in use by any other existing corporation of this State, or corporation…