Mobile Transfer Co. v. Schwarz
Supreme Court of Alabama
Appeal from Mobile Chancery Court. Heard before Hon, Thomas H. Smith. Bill by Robert C. Shwarz against the- Mobile Transfer Company, Incorporated, and others, to enjoin the use of a trade name or trade mark. Decree for complainant, and respondents appeal.
1Opinion of the CourtMayfield, J.
The bill is filed by appellee to enjoin appellant from the use of a trade-name so similar to that of appellee as to tend to deceive or mislead the public and to cause it to be*455lieve that it is dealing with the complainant, appellee. Appellee’s trade-name is “Mobile Transfer,” while that of appellant is “Mobile Transfer Company, Inc.” There can be no doubt that the similarity of the two names is great enough to lead to such confusion, and to deceive the public by inducing it to deal with the one, when it intended to deal with the other. Both appellant and appellee are engaged, as their names…
2Cited by5 opinions
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